Drugs, Deliberate Acts, Intoxication, & More: Some Maryland Defenses

Compliance Corner

The defenses available under Maryland's workers' compensation law include those for when a worker does something deliberate to cause an injury or shows up to work under the influence. Thanks to Simply Research, we take a look at when those defenses apply.

Deliberate Act

A covered employee or a dependent of a covered employee is not entitled to compensation or benefits as a result of:

(1) An intentional, self-inflicted accidental personal injury, compensable hernia, or occupational disease.

(2) An attempt to injure or kill another.

Drugs

A covered employee or a dependent of a covered employee is not entitled to compensation or benefits as a result of an accidental personal injury, compensable hernia, or occupational disease if:

(1) The accidental personal injury, compensable hernia, or occupational disease was caused solely by the effect on the covered employee of:

(i) A depressant, hallucinogenic, hypnotic, narcotic, or stimulant drug; or

(ii) Another drug that makes the covered employee incapable of satisfactory job performance; and

(2) The drug was not administered or taken in accordance with the prescription of a physician.

Intoxication

A covered employee or a dependent of a covered employee is not entitled to compensation or benefits as a result of an accidental personal injury, compensable hernia, or occupational disease if the accidental personal injury, compensable hernia, or occupational disease was caused solely by the intoxication of the covered employee while on duty.

Controlled Dangerous Substance

Glossary Check: “Primary cause” means the cause that is first in importance.

(i) A covered employee or dependent of a covered employee is not entitled to compensation or benefits as a result of an accidental personal injury, compensable hernia, or occupational disease, if the primary cause of the accidental personal injury, compensable hernia, or occupational disease was the effect on the covered employee of a controlled dangerous substance.

(ii) Compensation or benefits shall not be denied if the controlled dangerous substance was administered, taken, or used in accordance with the prescription of a physician and the administering, taking, or use of the controlled dangerous substance was not excessive or abusive.

A covered employee or dependent of a covered employee is not entitled to compensation or benefits as a result of an accidental personal injury, compensable hernia, or occupational disease, if the primary cause of the accidental personal injury, compensable hernia, or occupational disease was the intoxication of the covered employee while on duty.

Willful Misconduct

A covered employee or a dependent of a covered employee is not entitled to compensation or benefits as a result of an accidental personal injury, compensable hernia, or occupational disease if the accidental personal injury, compensable hernia, or occupational disease was caused by the willful misconduct of the covered employee.

Presumption generally

In a proceeding on a claim for compensation, there is, absent substantial evidence to the contrary, a presumption that an accidental personal injury, compensable hernia, or occupational disease:

(1) Was not caused by the intent of the covered employee to injure or kill the covered employee or another individual;

(2) Was not caused solely by the effect on the covered employee of:

(i) a depressant, hallucinogenic, hypnotic, narcotic, or stimulant drug; or

(ii) another drug that makes the covered employee incapable of satisfactory job performance; and

(3) Was not caused solely by the intoxication of the covered employee while on duty.

Presumption Relating to Controlled Dangerous Substance

In a proceeding on a claim for compensation, there is, absent substantial evidence to the contrary, a presumption that:

(1) The effect on the covered employee of a controlled dangerous substance was not the primary cause of the accidental personal injury, compensable hernia, or occupational disease; and

(2) The intoxication of the covered employee was not the primary cause of the accidental personal injury, compensable hernia, or occupational disease.

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