[Download] "Grammatico V. Industrial Commission" by In the Court of Appeals State of Arizona Division One Department A " eBook PDF Kindle ePub Free
eBook details
- Title: Grammatico V. Industrial Commission
- Author : In the Court of Appeals State of Arizona Division One Department A
- Release Date : January 20, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
¶1 In 1999, the legislature amended Arizona Revised Statutes ("A.R.S.") section 23-1021 to provide that if an employer implements a drug-free workplace policy, a worker who suffers a workplace injury and subsequently tests positive for alcohol impairment or illegal drug use is not eligible for workers' compensation benefits unless one of three exceptions applies. A.R.S. § 23-1021(D) (Supp. 2003). In this special action, we are asked to decide whether this provision violates Article 18, Section 8, of the Arizona Constitution by depriving workers of compensatory benefits for injuries "caused in whole, or in part, or... contributed to" by necessary employment risks and dangers. For the reasons that follow, we conclude that § 23-1021(D) violates Article 18, Section 8, as applied in this case. Consequently, we set aside the award entered by the Industrial Commission of Arizona ("ICA"), which denied benefits to petitioner David C. Grammatico based on an application of § 23-1021(D).