Text: HF00355 Text: HF00357 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 85.1, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7. Employees who elect to pursue a remedy
1 4 under the federal Americans with Disabilities Act for personal
1 5 injuries arising out of and in the course of employment.
1 6 Sec. 2. Section 85.34, subsection 5, Code 1995, is amended
1 7 to read as follows:
1 8 5. RECOVERY OF EMPLOYEE OVERPAYMENT. If an employee is
1 9 paid any weekly benefits in excess of that required by this
1 10 chapter and chapters 85A, 85B, and 86, the excess paid by the
1 11 employer shall be credited against the liability of the
1 12 employer for any future weekly benefits due pursuant to
1 13 subsection 2, for a subsequent injury to the same employee.
1 14 An overpayment can be established only when the overpayment is
1 15 recognized in a settlement agreement approved under section
1 16 86.13, pursuant to final agency action in a contested case
1 17 which was commenced within three years from the date that
1 18 weekly benefits were last paid for the claim for which the
1 19 benefits were overpaid, or pursuant to final agency action in
1 20 a contested case for a prior injury to the same employee. An
1 21 overpayment can also be established if an employee is granted
1 22 relief under the federal American with Disabilities Act for
1 23 injuries for which weekly benefits under this chapter, or
1 24 chapter 85A, 85B, or 86 have been paid. The credit shall
1 25 remain available for eight years after the date the
1 26 overpayment was established. If an overpayment is established
1 27 pursuant to this subsection, the employee and employer may
1 28 enter into a written settlement agreement providing for the
1 29 repayment by the employee of the overpayment. The agreement
1 30 is subject to the approval of the industrial commissioner.
1 31 The employer shall not take any adverse action against the
1 32 employee for failing to agree to such a written settlement
1 33 agreement.
1 34 EXPLANATION
1 35 This bill provides that workers' compensation coverage does
2 1 not apply to an employee who pursues relief under the federal
2 2 Americans with Disabilities Act (ADA) for injuries arising out
2 3 of and in the course of employment.
2 4 This bill also provides that an employer has the ability to
2 5 recover weekly workers' compensation benefits paid to an
2 6 employee if the employee is granted relief under the ADA for
2 7 the same injuries.
2 8 LSB 2392HH 76
2 9 ec/jj/8
Text: HF00355 Text: HF00357 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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