Missouri Slants Workers’ Comp Modification to Benefit Employers

(Fall 2017) In July, the Show-Me State approved Senate Bill 66 (SB66) adjusting workers’ compensation if an employee’s injury was the result of alcohol or nonprescribed controlled drugs.  The compensation or death benefits for the injured employee will be cut by half if the claim can be linked to the use of alcohol or nonprescribed controlled drugs.

The new law states that a positive result for an illicit drug will result in a rebuttable presumption that the substance was in the employee’s system when the injury or accident occurred and contributed to it if:

• The original drug screening was given within 24 hours of the incident;
• The employee was notified of the test results within two weeks of the insurer receiving notice of the results;
• The worker was offered an opportunity for a second test; and
• All screenings were confirmed by mass spectrometry and followed best practices.

This measure puts the burden of proof on the claimant, as the employee must prove the absence of drugs in his or her system at the time of the event in question.

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