SSB 1205 (LSB 2102XC (6) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CHAPMAN)

A BILL FOR

An Act relating to the definition of personal injuries arising out of and in the course of the employment for the purposes of compensable acts for workers’ compensation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 85.61, subsection 7, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Personal injuries due to idiopathic or unexplained falls onto a surface level do not arise out of and in the course of employment and are not compensable under this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the definition of personal injuries arising out of and in the course of the employment for the purposes of compensable acts for workers’ compensation.
   Current law provides that the words “personal injury arising out of and in the course of the employment” shall include injuries to employees whose services are being performed on, in, or about the premises which are occupied, used, or controlled by the employer, and also injuries to those who are engaged elsewhere in places where their employer’s business requires their presence and subjects them to dangers incident to the business. Current law also provides that personal injuries sustained by a volunteer fire fighter arise in the course of employment if the injuries are sustained at any time from the time the volunteer fire fighter is summoned to duty as a volunteer fire fighter until the time the volunteer fire fighter is discharged from duty by the chief of the volunteer fire department or the chief’s designee. Finally, current law provides that personal injuries sustained by emergency medical care providers as defined in Code section 147A.1 arise in the course of employment if the injuries are sustained at any time from the time the emergency medical care providers are summoned to duty until the time those duties have been fully discharged. 
   The bill provides that personal injuries due to idiopathic or unexplained falls onto a surface level do not arise out of and in the course of employment and are not compensable under Code chapter 85.