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26.3 Injuries under Influence of Alcohol or Drugs - SRCA
In this section
Section 4(13) of the SRCA states:
4(13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
Thus S4(13) deems a client to have engaged in serious and wilful misconduct if he or she is under the influence of alcohol or a drug (other than a prescribed drug used in accordance with the prescription).
If a person sustains an injury because of serious and wilful misconduct, S14(3) provides that compensation is not payable unless the injury results in death or serious and permanent impairment.