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Senate File 367 - IntroducedA Bill ForAn Act 1including the loss of or lost use of a shoulder as a
2compensable injury for second injury fund benefits.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 85.64, subsection 1, Code 2023, is
2amended to read as follows:
31. If an employee who has previously lost, or lost the use
4of, one shoulder, one hand, one arm, one foot, one leg, or
5one eye, becomes permanently disabled by a compensable injury
6which has resulted in the loss of or loss of use of another
7such member or organ, the employer shall be liable only for
8the degree of disability which would have resulted from the
9latter injury if there had been no preexisting disability. In
10addition to such compensation, and after the expiration of
11the full period provided by law for the payments thereof by
12the employer, the employee shall be paid out of the “Second
13Injury Fund” created by this subchapter the remainder of such
14compensation as would be payable for the degree of permanent
15disability involved after first deducting from such remainder
16the compensable value of the previously lost member or organ.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill includes the loss of or lost use of a shoulder as a
21compensable injury for second injury fund benefits.
-1-je/rn
2compensable injury for second injury fund benefits.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 85.64, subsection 1, Code 2023, is
2amended to read as follows:
31. If an employee who has previously lost, or lost the use
4of, one shoulder, one hand, one arm, one foot, one leg, or
5one eye, becomes permanently disabled by a compensable injury
6which has resulted in the loss of or loss of use of another
7such member or organ, the employer shall be liable only for
8the degree of disability which would have resulted from the
9latter injury if there had been no preexisting disability. In
10addition to such compensation, and after the expiration of
11the full period provided by law for the payments thereof by
12the employer, the employee shall be paid out of the “Second
13Injury Fund” created by this subchapter the remainder of such
14compensation as would be payable for the degree of permanent
15disability involved after first deducting from such remainder
16the compensable value of the previously lost member or organ.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill includes the loss of or lost use of a shoulder as a
21compensable injury for second injury fund benefits.
-1-je/rn