NAC616B.968. Injuries for which compensation not allowed.

An offender is not entitled to receive compensation pursuant to the provisions of NAC 616B.960 to 616B.986, inclusive, for an injury that:

     1. Results from an assault, regardless of whether the offender is the aggressor.

     2. Occurs as a result of an intentional violation of a work rule of the work program by the offender.

     3. Is proximately caused by the offender’s intoxication. If the employee was intoxicated at the time of the injury, intoxication must be presumed to be a proximate cause of the injury unless rebutted by evidence to the contrary.

     4. Is proximately caused by the offender’s use of a controlled substance. If the employee has any amount of a controlled substance in his or her system at the time of the injury for which the employee did not have a current and lawful prescription issued in his or her name, the controlled substance must be presumed to be a proximate cause of the injury unless rebutted by evidence to the contrary.

     (Added to NAC by Div. of Industrial Relations by R072-99, eff. 10-28-99)