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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-190 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN ALCOHOL OR OTHER ILLEGAL SUBSTANCES ARE FOUND TO BE PRESENT IN THE PERSON'S BODY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-190. (A) Compensation is not allowed for an injury or death proximately caused by intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been prescribed lawfully by a physician for the employee and taken in accordance with the prescription.
(1) If the amount of alcohol in the employee's blood within four hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, is eight one-hundredths of one percent or more, it may be inferred that the accident and injury or death were proximately caused by intoxication by alcohol.
(2) If any amount of marijuana or a controlled substance is in the employee's blood within eight hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, it may be inferred that the accident and injury or death were proximately caused by being under the influence of marijuana or the controlled substance.
(3) If the employee unjustifiably refuses to submit to a reliable, scientific test to determine the presence of alcohol, marijuana, or a controlled substance in an employee's blood, urine, breath, or other bodily substance, it may be inferred that the accident and injury or death were proximately caused by intoxication by alcohol or being under the influence of marijuana or a controlled substance.
(B) With the exception of the inferences set forth above, the burden of proof is upon the party who claims the applicability of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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