H.F. 2084 Section 1. Section 85.16, Code 2009, is amended to read as 1 follows: 2 85.16 Willful injury —— intoxication —— voluntary recreation . 3 No compensation under this chapter shall be allowed for an 4 injury caused: 5 1. By the employee’s willful intent to injure the employee’s 6 self or to willfully injure another. 7 2. By the employee’s intoxication, which did not arise 8 out of and in the course of employment but which was due 9 to the effects of alcohol or another narcotic, depressant, 10 stimulant, hallucinogenic, or hypnotic drug not prescribed by 11 an authorized medical practitioner, if the intoxication was a 12 substantial factor in causing the injury. 13 3. By the willful act of a third party directed against the 14 employee for reasons personal to such employee. 15 4. By the employee’s participation in voluntary 16 recreational programs including but not limited to athletic 17 events, parties, and picnics even though the employer pays some 18 or all of the cost of such programs. This exclusion shall not 19 apply if the injured employee was ordered or assigned by the 20 employer to participate in the program. 21 EXPLANATION 22 This bill provides that injuries incurred by an employee 23 while participating in voluntary recreational programs such as 24 athletic events, parties, and picnics are not compensable under 25 workers’ compensation even though the employer pays some or all 26 of the cost of such programs. The exclusion is not applicable 27 if the injured employee was ordered or assigned by the employer 28 to participate in the program. 29 -1- LSB 5086YH (6) 83 av/rj 1/ 1