Arizona Supreme Court
May 20, 2004, Division One of the Arizona Court of Appeals ruled that denying an impaired employee workers’ compensation benefits was unconstitutional because the workers' compensation system is essentially a no-fault plan. The Legal Foundation is fighting to save a common-sense policy that prevents certain workers who are injured on the job because of drug or alcohol use from recovering workers’ compensation benefits. The amicus brief filed by the NFIB Legal Foundation argues that alcohol and drug impairment in the workplace is not just bad for business, but creates a risk of injury to the impaired employee and to co-workers that is unnecessary and avoidable.
Status: Decided. Amicus brief filed in support of the Arizona Industrial Commission on March 16, 2005. On Aug. 10, 2005, the Arizona Supreme Court rejected NFIB's arguments and found that the Arizona's drug-free workplace program law was unconstitutional.
