No compensation under this chapter shall be allowed for an injury caused:
1. By the employee’s willful intent to injure the employee’s self or to willfully injure another.
2. a. By the employee’s intoxication, which did not arise out of and in the course of employment but which was due to the effects of alcohol or another narcotic, depressant, stimulant, hallucinogenic, or hypnotic drug not prescribed by an authorized medical practitioner, if the intoxication was a substantial factor in causing the injury.
b. For the purpose of disallowing compensation under this subsection, both of the following apply:
(1) If the employer shows that, at the time of the injury or immediately following the injury, the employee had positive test results reflecting the presence of alcohol, or another narcotic, depressant, stimulant, hallucinogenic, or hypnotic drug which drug either was not prescribed by an authorized medical practitioner or was not used in accordance with the prescribed use of the drug, it shall be presumed that the employee was intoxicated at the time of the injury and that intoxication was a substantial factor in causing the injury.
(2) Once the employer has made a showing as provided in subparagraph (1), the burden of proof shall be on the employee to overcome the presumption by establishing that the employee was not intoxicated at the time of the injury, or that intoxication was not a substantial factor in causing the injury.
3. By the willful act of a third party directed against the employee for reasons personal to such employee. [S13, §2477-m, -m1; C24, 27, 31, 35, 39, §1376; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.16] 83 Acts, ch 105, §1; 2017 Acts, ch 23, §1, 24\n\nTue Dec 09 22:29:51 2025 Iowa Code 2026, Chapter 85 (59, 0) 5 WORKERS’ COMPENSATION, §85.21 \n
Notes of Decisions
Xenia Rural Water Dist. v. Vegors, 786 N.W.2d 250 (Iowa 2010).
· cites it 44× “The district court addressed the question of whether “the agency erred in finding that petitioners did not meet their burden of proof that the claimant’s alleged injury was the result of horseplay, and that the petitioners did not prove an affirmative defense pursuant to Iowa…”
Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979).
· cites it 14× “*88 The statutory defenses to recovery of worker's compensation benefits are set out in section 85.16, The Code, which provides: No compensation under this chapter shall be allowed for an injury caused: 1.”
Cedar Rapids Cmty. Sch. v. Cady, 278 N.W.2d 298 (Iowa 1979).
· cites it 14× “Did the death arise out of Cady's employment? Most jurisdictions which have considered the question have held that an injury from an on-the-job assault by a deranged co-employee arises out of employment.”
Garcia v. Naylor Concrete Co., 650 N.W.2d 87 (Iowa 2002).
· cites it 10× “Iowa Code § 85.16 (2) (emphasis added). For the intoxication defense to apply, the intoxication must have been both the cause in fact of the injury and a substantial factor in producing it.”
2800 CORP. v. Fernandez, 528 N.W.2d 124 (Iowa 1995).
· cites it 8× “Iowa Code § 85.16 (1989). The statute provides in part: No compensation under this chapter shall be allowed for an injury caused: [[Image here]] 2.”
Kostelac v. Feldman's, Inc., 497 N.W.2d 853 (Iowa 1993).
· cites it 8× “The commissioner further determined that, even if Dean's depression resulted from his work, recovery was barred by Iowa Code section 85.16(1) (1981) which provides: No compensation under this chapter shall be allowed for an injury caused: 1.”
Thompson v. United States Fid. & Guar. Co., 559 N.W.2d 288 (Iowa 1997).
· cites it 4× “See Iowa Code § 85.16 (2) (1991). The intoxication defense was unsuccessful, and a deputy industrial commissioner ordered USF&G to reinstate the benefits.”
Humboldt Cmty. Schs. v. Fleming, 603 N.W.2d 759 (Iowa 1999).
· cites it 6× “” Iowa Code § 85.16 (1). Prior to 1993 suicide was only compensable if the “mental condition of [the] decedent at the time of the suicidal act was such that he was motivated by an uncontrollable impulse or in a delirium of frenzy, without conscious volition to produce death.”
Sheerin v. Holin Co., 380 N.W.2d 415 (Iowa 1986).
· cites it 4× “[1] Because we have based our decision on the insufficiency of the showing presented by the moving party, we need not consider the consequences of plaintiff's resistance to the motion for summary judgment, which appears to invoke the statutory exclusion contained in Iowa Code…”
Eaton v. Iowa Emp. Appeal Bd., 602 N.W.2d 553 (Iowa 1999).
· cites it 2× “loyment drug tests authorized for peace officers or correctional officers of the state, or to drug tests required under federal statutes or under federal regulations adopted as of July 1, 1990, or to tests conducted pursuant to a nuclear regulatory commission regulation, or to…”
Rigby v. Eastman, 217 N.W.2d 604 (Iowa 1974).
· cites it 2× “Code section 85.16). For undisclosed reasons the parties agreed to settle.”
Daggett v. Nebraska-E. Express, Inc., 107 N.W.2d 102 (Iowa 1961).
· cites it 2× “800, 803 , applies the same rule to the defenses of willful intent to injure and intoxication, injuries from which are not compensable by reason of Code section 85.16. We said: “It was of course incumbent upon appellant to prove by a preponderance of the evidence that death was…”
— Iowa Code § 85.16(1) — 5 cases
Kostelac v. Feldman's, Inc., 497 N.W.2d 853 (Iowa 1993).
“The commissioner further determined that, even if Dean's depression resulted from his work, recovery was barred by Iowa Code section 85.16(1) (1981) which provides: No compensation under this chapter shall be allowed for an injury caused: 1.”
Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84 (Iowa 1979).
“*88 The statutory defenses to recovery of worker's compensation benefits are set out in section 85.16, The Code, which provides: No compensation under this chapter shall be allowed for an injury caused: 1.”
Humboldt Cmty. Schs. v. Fleming, 603 N.W.2d 759 (Iowa 1999).
“” Iowa Code § 85.16 (1). Prior to 1993 suicide was only compensable if the “mental condition of [the] decedent at the time of the suicidal act was such that he was motivated by an uncontrollable impulse or in a delirium of frenzy, without conscious volition to produce death.”
— Iowa Code § 85.16(1)(a) — 1 case
— Iowa Code § 85.16(2) — 3 cases
Garcia v. Naylor Concrete Co., 650 N.W.2d 87 (Iowa 2002).
“Iowa Code § 85.16 (2) (emphasis added). For the intoxication defense to apply, the intoxication must have been both the cause in fact of the injury and a substantial factor in producing it.”
2800 CORP. v. Fernandez, 528 N.W.2d 124 (Iowa 1995).
“Iowa Code § 85.16 (1989). The statute provides in part: No compensation under this chapter shall be allowed for an injury caused: [[Image here]] 2.”
— Iowa Code § 85.16(3) — 6 cases
Xenia Rural Water Dist. v. Vegors, 786 N.W.2d 250 (Iowa 2010).
“The district court addressed the question of whether “the agency erred in finding that petitioners did not meet their burden of proof that the claimant’s alleged injury was the result of horseplay, and that the petitioners did not prove an affirmative defense pursuant to Iowa…”
Cedar Rapids Cmty. Sch. v. Cady, 278 N.W.2d 298 (Iowa 1979).
“Did the death arise out of Cady's employment? Most jurisdictions which have considered the question have held that an injury from an on-the-job assault by a deranged co-employee arises out of employment.”
Sheerin v. Holin Co., 380 N.W.2d 415 (Iowa 1986).
“[1] Because we have based our decision on the insufficiency of the showing presented by the moving party, we need not consider the consequences of plaintiff's resistance to the motion for summary judgment, which appears to invoke the statutory exclusion contained in Iowa Code…”
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