FIFTY-SECOND LEGISLATUREHB 238/a

FIRST SESSION, 2015

March 19, 2015

Mr. President:

    Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 238, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 3, between lines 20 and 21, insert the following new subsection:

         "C. Compensation benefits otherwise due and payable from the employer to the worker under the terms of the Workers' Compensation Act shall be increased by the degree to which the employer knew or should have known about the intoxication or influence and such intoxication or influence contributed to the injury; provided that the increase shall be a minimum of ten percent but no more than ninety percent, subject to the other requirements of this section.".

    2. Reletter the succeeding subsections accordingly.

    3. On page 4, line 6, strike "C" and insert in lieu thereof "D".

    4. On page 4, line 7, strike "a" and insert in lieu thereof

"the injured".

    5. On page 4, line 11, strike "the" and insert in lieu thereof "that".

    6. On page 4, line 11, strike "claiming compensation".

                               Respectfully submitted,

                               ___________________________________

                               Richard C. Martinez, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 8 For 0 Against

Yes:     8

No:      0

Excused: Griggs, Torraco

Absent:  None

HB0238JU1.wpd                                              .201621.1