21 V.S.A. § 649: Injuries not covered; burden of proof

Compensation shall not be allowed for an injury caused by an employee’s willful intention to injure himself, herself, or another or by or during his or her intoxication or by an employee’s failure to use a safety appliance provided for his or her use. The burden of proof shall be upon the employer if he or she claims the benefit of the provisions of this section.