Summary of Law(s) and Regulation(s):
Benefits denied when an injury, disability or death was contributed to by the employee's use or consumption of alcohol or any drugs, including but not limited to, any drugs or medications which are available to the public without a prescription from a health care provider, prescription drugs or medications, any form or type of narcotic drugs, marijuana, stimulants, depressants or hallucinogens. It is conclusively presumed that the employee was impaired due to alcohol if it is shown that at the time of the injury that the employee had an alcohol concentration of .04 or more. An employee's refusal to submit to a chemical test is not admissible evidence to prove impairment unless there was probable cause to believe that the employee used, possessed or was impaired by a drug or alcohol while working. Kansas State Ann. 44-501 (d)(2)(Supp. 2005) http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/44-501.html