§ 97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule. - North Carolina Statutes

§ 97‑12.  Use ofintoxicant or controlled substance; willful neglect; willful disobedience ofstatutory duty, safety regulation or rule.

No compensation shall bepayable if the injury or death to the employee was proximately caused by:

(1)        His intoxication,provided the intoxicant was not supplied by the employer or his agent in asupervisory capacity to the employee; or

(2)        His being under theinfluence of any controlled substance listed in the North Carolina ControlledSubstances Act, G.S. 90‑86, et seq., where such controlled substance wasnot by prescription by a practitioner; or

(3)        His willfulintention to injure or kill himself or another.

When the injury or death iscaused by the willful failure of the employer to comply with any statutoryrequirement or any lawful order of the Commission, compensation shall beincreased ten percent (10%). When the injury or death is caused by the willfulfailure of the employee to use a safety appliance or perform a statutory dutyor by the willful breach of any rule or regulation adopted by the employer andapproved by the Commission and brought to the knowledge of the employee priorto the injury compensation shall be reduced ten percent (10%). The burden ofproof shall be upon him who claims an exemption or forfeiture under thissection.

"Intoxication" and"under the influence" shall mean that the employee shall haveconsumed a sufficient quantity of intoxicating beverage or controlled substanceto cause the employee to lose the normal control of his or her bodily or mentalfaculties, or both, to such an extent that there was an appreciable impairmentof either or both of these faculties at the time of the injury.

A result consistent with"intoxication" or being "under the influence" from a bloodor other medical test conducted in a manner generally acceptable to thescientific community and consistent with applicable State and federal law, ifany, shall create a rebuttable presumption of impairment from the use ofalcohol or a controlled substance. (1929, c. 120, s. 13; 1975, c. 740; 2005‑448, s.2.)