Foos v. Terminix & Zurich America Insurance

Nuss, J.:

dissenting. I respectfully dissent from the majority opinion for several reasons.

First, the legislative histoiy cited by the majority reveals that while in 1993 the legislature further diluted the employer s standard of proof, it also introduced some specific standards and conditions concerning how employers could prove alcohol’s “contribution” to an employee’s injury. It amended the statute to provide a level for conclusive presumption of impairment (.04%) and six specific requirements for admitting a chemical test into evidence to prove that presumptive impairment. L. 1993, ch.…