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Benefits, coverage, and compensation under this article shall not be paid when the Administrator determines that an employee’s injury arose from the employee acting outside of the course or scope of his or her employment. Examples of acts outside of the course and scope of employment shall include, but are not limited to, the following situations:

(A) Where the injury occurs while the employee is commuting to or from work, except where such injury occurs during a side trip during the commute that was (1) requested by the Gaming Enterprise and (2) directly connected to the employee’s work duties;

(B) Where the injury is caused by the intoxication of the injured employee, whether such intoxication is caused by alcohol, marijuana, or any other drug or controlled substance;

(C) Where the employee has willfully, deliberately, and/or recklessly caused his or her own injury or death;

(D) Where the injury arises out of an altercation in which the injured employee is the initial physical aggressor;

(E) Where the injury is caused by the commission of a criminal act by the injured employee for which he or she has been convicted by a court of competent jurisdiction;

(F) Where the injury is completely caused by a pre-existing condition or illness;

(G) Where a psychiatric injury occurs and:

(1) The actual events of employment were not the predominate cause (fifty-one (51) percent or greater) among all the combined causes of the psychiatric injury; or

(2) The psychiatric injury was the result of a violent act, or resulted from direct exposure to a significant violent act, and the actual events of employment were not a substantial cause (thirty-five (35) percent or greater) of the injury; or

(3) The psychiatric injury was not substantially caused by lawful, nondiscriminatory, good faith personnel actions (including but not limited to being subject to lawful disciplinary action).

(H) Where the injury is actually or proximately caused by the inhalation of secondhand smoke; or

(I) Where the injury arises out of voluntary participation in any off-duty recreational, social, or athletic activity not constituting a part of the employee’s work related duties, including but not limited to, activities sponsored by Gaming Enterprise, except where these activities are a reasonable expectancy of, or are expressly or impliedly required by, the employment. [Res. 19-R-083 § 10, 7/18/2019.]