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Bill Would Make Impairment Presumption Rebuttable

Friday, January 8, 2021 | 0

Injured workers in Kansas would be allowed to rebut the presumption that the presence of alcohol or drugs in their systems establishes they were impaired at the time of an accident under a bill filed ahead of the legislative session that starts Monday. Rep. John Carmichael, D-Wichita, on Wednesday introduced HB 2040, which would transform what is currently a conclusive presumption of impairment into a rebuttable presumption. Kansas law declares employers are not liable for an injury, disability or death caused by a worker’s use of alcohol or drugs, including over-the-counter medic...

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