Senate Study Bill 3218 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            LABOR AND BUSINESS
                                            RELATIONS BILL BY
                                            CHAIRPERSON DEARDEN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to workers' compensation provisions for continued
  2    medically related benefits in certain settlements of workers'
  3    compensation claims and to funding of the second injury fund
  4    and providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6043XC 82
  7 av/rj/8

PAG LIN



  1  1    Section 1. Section 85.35, Code 2007, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5A.  The parties to any settlement made
  1  4 pursuant to this section may agree that the employee has the
  1  5 right to benefits pursuant to section 85.27 under such terms
  1  6 and conditions as agreed to by the parties in the settlement,
  1  7 for a specified period of time after the settlement has been
  1  8 approved by the workers' compensation commissioner.  During
  1  9 that specified period of time, the commissioner shall have
  1 10 jurisdiction of the settlement for the purpose of adjudicating
  1 11 the employee's entitlement to benefits provided for in section
  1 12 85.27 as agreed upon in the settlement.
  1 13    Sec. 2.  Section 85.65A, subsection 5, Code 2007, is
  1 14 amended by striking the subsection.
  1 15    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  1 16 immediate importance, takes effect upon enactment.
  1 17                           EXPLANATION
  1 18    This bill relates to provisions for continued medically
  1 19 related benefits in certain settlements of workers'
  1 20 compensation claims.
  1 21    The bill amends Code section 85.35 by allowing parties to a
  1 22 settlement for workers' compensation benefits to agree that
  1 23 the employee has the right to medically related benefits
  1 24 pursuant to Code section 85.27 under such terms and conditions
  1 25 as agreed to by the parties in the settlement, for a specified
  1 26 period of time after the settlement has been approved by the
  1 27 workers' compensation commissioner.  During the specified
  1 28 period of time, the workers' compensation commissioner retains
  1 29 jurisdiction of the settlement for the purpose of adjudicating
  1 30 the employee's entitlement to the medically related benefits,
  1 31 as agreed upon in the settlement.
  1 32    The bill strikes Code section 85.65A(5) which repeals this
  1 33 section on July 1, 2008.  Code section 85.65A allows
  1 34 imposition of a surcharge on employers to fund the workers'
  1 35 compensation second injury fund.  The bill is effective upon
  2  1 enactment.
  2  2 LSB 6043XC 82
  2  3 av/rj/8.1