These changes are in addition to the intoxication defense reforms included in HB 1698 (820 ILCS 305/11) as part of that overarching WC reform bill. Those changes include:
· The measurement of intoxication is .08 for alcohol or any finding of illegal drugs.
· The burden of proof shifts to the employee in the new law.
· The law outlines the collection & testing processes and procedures for determination of intoxication.
While SB 1147’s reforms became effective on Monday, the HB 1698 changes only apply to injuries that occur on or after 9/1/11.