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Article IV. Excluded Injuries
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(a) An injury which the administrator determines did not arise out of or occur in the course or scope of the employee’s employment shall be afforded no coverage under this chapter.

(b) An injury occurring while an employee travels to and from work is not a work injury, unless such travel is in connection with the performance of employment duties.

(c) The following are not work injuries:

(1) Where the injury is caused by the intoxication, by alcohol or the unlawful use of a controlled substance, of the injured employee;

(2) Where the injury is self-inflicted;

(3) Where the employee has willfully and deliberately caused his or her own injury or death;

(4) Where the injury results from an altercation in which the injured employee is the initial physical aggressor;

(5) Where the injury results from horseplay;

(6) Where the injury occurs after the employee has been terminated or has received notice of termination;

(7) Where the injury is predominantly (greater than 50 percent) caused by a pre-existing condition or injury; or

(8) Psychological injury that is not predominantly (greater than 50 percent) work-related; provided, that such psychological injury resulting from a sudden and extraordinary employment event, which shall not include good faith and/or justifiable supervisory action;

(9) Where the injury results from secondhand smoke;

(10) Idiopathic injuries or conditions (e.g., diabetes, heart disease, epilepsy, etc.);

(11) Complex regional pain syndrome (CRPS) and/or reflexive sympathetic dystrophy (RSD), regardless of the cause;

(12) 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, except where these activities are a reasonable expectancy of, or are expressly or impliedly required by, the employment;

(13) Where injuries occur during the commission of a felony or a crime by the injured employee and the employee is found by a preponderance of the evidence to have committed such act. [Ord. 47 § 1303, adopted, 11/10/2016.]