HB28 Alabama 2013 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Session

Regular Session 2013

Title

Workers' compensation, compensations nor medical benefits awarded to an employee or his or her estate if employee's injury or death was a result of an impairment caused by alcohol consumption or drug use, Sec. 25-5-51 am'd.

Summary

HB28 would deny workers' compensation and medical benefits to employees or their estates when an injury or death is caused by impairment from alcohol or drugs, and it changes how proof works after a positive test.

What This Bill Does

If an employee is injured or dies and the injury is caused by impairment from alcohol or drugs, the bill says no medical or indemnity benefits would be awarded. After a positive drug or alcohol test, the burden shifts to the employee to prove that the impairment did not cause the accident; the type of presumptions depends on the testing method used. The bill also allows an employer to seek a court order to terminate benefits, outlines court procedures and timelines, and states that benefits can be halted, including pre-judgment medical treatment, depending on the court's decision. It also adds consequences for refusing testing and includes provisions about misrepresentation of preexisting conditions and required warnings to job applicants.

Who It Affects

• Employees who are injured or die and whose injury or death is due to impairment from alcohol or drug use would not receive workers' compensation or medical benefits.
• Employers and their workers' compensation insurers, who could file court petitions to terminate the employer's obligation to pay benefits after a positive test and must follow new court procedures.
• Job applicants and current employees, who could lose benefits if they misrepresent preexisting conditions or fail to comply with testing requirements after a warning.
• Personal representatives, spouses, dependents, or next-of-kin, who may be involved in court proceedings or benefit determinations related to these cases.

Key Provisions

• No compensation or medical benefits shall be awarded if the injury or death was the direct result of impairment or intoxication caused by the employee's alcohol or drug use.
• A positive test conducted under U.S. Department of Transportation standards (49 CFR Part 40) shall be a conclusive presumption of impairment; tests using other procedures create a rebuttable presumption of impairment.
• After a positive test, the burden shifts to the employee or their representative to prove by a preponderance of evidence that the impairment did not cause or contribute to the accident, or that non-49 CFR procedures show the employee was not impaired or that impairment did not cause the accident.
• An employer may petition a court to terminate its responsibility to pay compensation and medical benefits; the court must conduct a hearing within 45 days and render judgment within 5 days after the hearing; if granted, the employer's obligation ends.
• If described, temporary disability or other disability benefits may be withheld until the court denies the employer's petition, and refusal to submit to testing after warning results in immediate termination of benefits.
• Misrepresentation of preexisting physical or mental conditions can void workers' compensation benefits if the condition is aggravated by an employment accident; employers must warn applicants with bold print about misrepresentation affecting benefits; burden of proof for defenses lies with the employer.
• The act becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Workers' Compensation