2018 Maryland Code
Labor and Employment
Title 9 - Workers' Compensation
Subtitle 5 - Entitlement to and Liability for Compensation
§ 9-506. Compensation prohibited
(a) Deliberate act. -- A covered employee or a dependent of a covered employee is not entitled to compensation or benefits under this title as a result of:
(1) an intentional, self-inflicted accidental personal injury, compensable hernia, or occupational disease; or
(2) an attempt to injure or kill another.
(b) Drugs. -- A covered employee or a dependent of a covered employee is not entitled to compensation or benefits under this title as a result of an accidental personal injury, compensable hernia, or occupational disease if:
(1) the accidental personal injury, compensable hernia, or occupational disease was caused solely by the effect on the covered employee of:
(i) a depressant, hallucinogenic, hypnotic, narcotic, or stimulant drug; or
(ii) another drug that makes the covered employee incapable of satisfactory job performance; and
(2) the drug was not administered or taken in accordance with the prescription of a physician.
(c) Intoxication. -- A covered employee or a dependent of a covered employee is not entitled to compensation or benefits under this title as a result of an accidental personal injury, compensable hernia, or occupational disease if the accidental personal injury, compensable hernia, or occupational disease was caused solely by the intoxication of the covered employee while on duty.
(d) Primary cause. --
(1) In this subsection, "primary cause" means the cause that is first in importance.
(2)
(i) Except as provided in subparagraph (ii) of this paragraph, a covered employee or dependent of a covered employee is not entitled to compensation or benefits under this title, except for medical benefits under §§ 9-660 and 9-661 of this title, as a result of an accidental personal injury, compensable hernia, or occupational disease, if the primary cause of the accidental personal injury, compensable hernia, or occupational disease was the effect on the covered employee of a controlled dangerous substance defined in § 5-101 of the Criminal Law Article or listed in Title 5, Subtitle 4 of the Criminal Law Article.
(ii) Compensation or benefits shall not be denied under subparagraph (i) of this paragraph if the controlled dangerous substance was administered, taken, or used in accordance with the prescription of a physician and the administering, taking, or use of the controlled dangerous substance was not excessive or abusive.
(3) Except for medical benefits under §§ 9-660 and 9-661 of this title, a covered employee or dependent of a covered employee is not entitled to compensation or benefits under this title as a result of an accidental personal injury, compensable hernia, or occupational disease, if the primary cause of the accidental personal injury, compensable hernia, or occupational disease was the intoxication of the covered employee while on duty.
(e) Willful misconduct. -- A covered employee or a dependent of a covered employee is not entitled to compensation or benefits under this title as a result of an accidental personal injury, compensable hernia, or occupational disease if the accidental personal injury, compensable hernia, or occupational disease was caused by the willful misconduct of the covered employee.
(f) Presumption. -- In a proceeding on a claim for compensation, there is, absent substantial evidence to the contrary, a presumption that an accidental personal injury, compensable hernia, or occupational disease:
(1) was not caused by the intent of the covered employee to injure or kill the covered employee or another individual;
(2) was not caused solely by the effect on the covered employee of:
(i) a depressant, hallucinogenic, hypnotic, narcotic, or stimulant drug; or
(ii) another drug that makes the covered employee incapable of satisfactory job performance; and
(3) was not caused solely by the intoxication of the covered employee while on duty.
(g) Presumption. -- In a proceeding on a claim for compensation under subsection (d) of this section, there is, absent substantial evidence to the contrary, a presumption that:
(1) the effect on the covered employee of a controlled dangerous substance was not the primary cause of the accidental personal injury, compensable hernia, or occupational disease; and
(2) the intoxication of the covered employee was not the primary cause of the accidental personal injury, compensable hernia, or occupational disease.
