Maine Revised Statutes

Me. Rev. Stat. tit. 39-A, § 202 (2026)

Injury or death due to willful intention or intoxication

✓ current as of May 2026
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Compensation or other benefits are not allowed for the injury or death of an employee when it is proved that the injury or death was occasioned by the employee's willful intention to bring about the injury or death of the employee or of another, or that the injury or death resulted from the employee's intoxication while on duty. This provision as to intoxication does not apply if the employer knew at the time of the injury that the employee was intoxicated or that the employee was in the habit at that time of becoming intoxicated while on duty.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).]
SECTION HISTORY
PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).
Notes of Decisions
Cited in 2 cases, 2000–2004 · leading case: Lydon v. Sprinkler Servs., 841 A.2d 793 (Me. 2004).
Lydon v. Sprinkler Servs., 841 A.2d 793 (Me. 2004). “” 39-A M.R.S.A. § 202 (2001) (emphasis added).”
Husvar v. Engineered Prods., Inc., 755 A.2d 498 (Me. 2000). · cites it 3× “The Board also rejected Engineered’s reliance on the intoxication defense, 39-A M.R.S.A. § 202 (Supp.1999), concluding that while Husvar may have been intoxicated, he was not on duty and that, moreover, no evidence suggests that the injury “resulted from” his intoxication.”
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