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Current as of January 01, 2024 | Updated by Findlaw Staff
No compensation under this chapter shall be allowed for an injury caused:
1. By the employee's willful intent to injure the employee's self or to willfully injure another.
2. a. By the employee's intoxication, which did not arise out of and in the course of employment but which was due to the effects of alcohol or another narcotic, depressant, stimulant, hallucinogenic, or hypnotic drug not prescribed by an authorized medical practitioner, if the intoxication was a substantial factor in causing the injury.
b. For the purpose of disallowing compensation under this subsection, both of the following apply:
(1) If the employer shows that, at the time of the injury or immediately following the injury, the employee had positive test results reflecting the presence of alcohol, or another narcotic, depressant, stimulant, hallucinogenic, or hypnotic drug which drug either was not prescribed by an authorized medical practitioner or was not used in accordance with the prescribed use of the drug, it shall be presumed that the employee was intoxicated at the time of the injury and that intoxication was a substantial factor in causing the injury.
(2) Once the employer has made a showing as provided in subparagraph (1), the burden of proof shall be on the employee to overcome the presumption by establishing that the employee was not intoxicated at the time of the injury, or that intoxication was not a substantial factor in causing the injury.
3. By the willful act of a third party directed against the employee for reasons personal to such employee.
Cite this article: FindLaw.com - Iowa Code Title III. Public Services and Regulation [Chs. 80-122C] § 85.16. Willful injury--intoxication - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-iii-public-services-and-regulation-chs-80-122c/ia-code-sect-85-16/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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