85.16 Willful injury — intoxication.
No compensation under this chapter shall be allowed for an injury caused:
1. By the employee’s willful intent to injure the employee’s self or to willfully injure another.
2. a. By the employee’s intoxication, which did not arise out of and in the course of employment but which was due to the effects of alcohol or another narcotic, depressant, stimulant, hallucinogenic, or hypnotic drug not prescribed by an authorized medical practitioner, if the intoxication was a substantial factor in causing the injury.
b. For the purpose of disallowing compensation under this subsection, both of the following apply:
(1) If the employer shows that, at the time of the injury or immediately following the injury, the employee had positive test results reflecting the presence of alcohol, or another narcotic, depressant, stimulant, hallucinogenic, or hypnotic drug which drug either was not prescribed by an authorized medical practitioner or was not used in accordance with the prescribed use of the drug, it shall be presumed that the employee was intoxicated at the time of the injury and that intoxication was a substantial factor in causing the injury.
(2) Once the employer has made a showing as provided in subparagraph (1), the burden of proof shall be on the employee to overcome the presumption by establishing that the employee was not intoxicated at the time of the injury, or that intoxication was not a substantial factor in causing the injury.
3. By the willful act of a third party directed against the employee for reasons personal to such employee.
[S13, §2477-m, -m1; C24, 27, 31, 35, 39, §1376; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.16]
83 Acts, ch 105, §1; 2017 Acts, ch 23, §1, 24
2017 amendment to subsection 2 applies to injuries occurring on or after July 1, 2017;
2017 Acts, ch 23, §24
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 85 - WORKERS’ COMPENSATION
Section 85.1 - Inapplicability of chapter.
Section 85.2 - Public employees — chapter compulsory.
Section 85.3 - Acceptance presumed — notice to nonresident employers.
Section 85.16 - Willful injury — intoxication.
Section 85.18 - Contract to relieve not operative.
Section 85.20 - Rights of employee exclusive.
Section 85.21 - Payments concerning liability disputes.
Section 85.22 - Liability of others — subrogation.
Section 85.23 - Notice of injury — failure to give.
Section 85.24 - Form of notice.
Section 85.25 - Service of notice.
Section 85.26 - Limitation of actions — who may maintain action.
Section 85.27 - Services — release of information — charges — payment — debt collection prohibited.
Section 85.28 - Burial expense.
Section 85.29 - Liability in case of no dependents.
Section 85.30 - Maturity date and interest.
Section 85.31 - Death cases — dependents.
Section 85.32 - When compensation begins.
Section 85.33 - Temporary total and temporary partial disability.
Section 85.34 - Permanent disabilities.
Section 85.36 - Basis of computation.
Section 85.37 - Compensation schedule.
Section 85.38 - Reduction of obligations of employer.
Section 85.39 - Examination of injured employees.
Section 85.40 - Statement of earnings.
Section 85.41 - Refusal to furnish statement.
Section 85.42 - Conclusively presumed dependent.
Section 85.43 - Payment to spouse.
Section 85.44 - Payment to actual dependents.
Section 85.47 - Basis of commutation.
Section 85.48 - Partial commutation.
Section 85.49 - Trustees for minors and dependents.
Section 85.50 - Report of trustee.
Section 85.51 - Alien dependents in foreign country.
Section 85.52 - Consular officer as trustee.
Section 85.53 - Notice to consular officer.
Section 85.54 - Contracts to avoid compensation.
Section 85.55 - Franchisor-franchisee relationship.
Section 85.56 - Employees in interstate commerce.
Section 85.59 - Benefits for inmates and offenders.
Section 85.62 - Inmates of county jail.
Section 85.64 - Limitation of benefits.
Section 85.65 - Payments to second injury fund.
Section 85.65A - Payments to second injury fund — surcharge on employers.
Section 85.66 - Second injury fund — creation — custodian.
Section 85.67 - Administration of fund — special counsel — payment of award.
Section 85.68 - Actions — collection of payments — subrogation.
Section 85.69 - Federal contributions.
Section 85.71 - Injury outside of state.
Section 85.72 - Claims for benefits made outside of state — restrictions — credit.