Mich. Admin. Code R. 28.14959 - Voluntary intoxication

Rule 9 The commission shall apply the following evidentiary factors in cases in which voluntary intoxication is at issue in an officer's death or permanent and total disability.

(a) The primary factor in determining intoxication at the time the injury occurred, from which death or permanent and total disability resulted, is the blood alcohol level, including a postmortem blood alcohol level in the case of a death.

(b) A benefit shall be denied if a deceased or permanently and totally disabled public safety officer had a blood alcohol level of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine while on duty, unless the commission receives convincing evidence that the provisions of subrule (c) of this rule apply.

(c) If the intoxicant was taken as a requirement of the duty assignment, benefits shall be denied if the deceased or permanently and totally disabled public safety officer had a blood alcohol level of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(d) If a public safety officer with a blood alcohol level dies as a result of heart attack or a stroke suffered after going off duty, as provided in Rule 28.14957, then the commission may award a benefit if the following apply:

(i) Clear and convincing evidence is presented that the intoxicant was consumed after going off duty.

(ii) Medical evidence indicates that the intoxicant did not contribute to the heart attack or stroke.

Notes

Mich. Admin. Code R. 28.14959

2005 AACS