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House Amendment 1272

Amendment Text

PAG LIN
  1  1    Amend House File 118 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 85.3, subsection 2, Code 1997,
  1  5 is amended by striking the subsection and inserting in
  1  6 lieu thereof the following:
  1  7    2.  Any employer who is a nonresident of this state
  1  8 who makes a contract of employment with a resident of
  1  9 this state to be performed in whole or in part by
  1 10 either party in this state, or a foreign corporation
  1 11 lawfully qualified to transact business in this state
  1 12 under chapter 490, shall be deemed to be doing
  1 13 business in this state and shall be subject to this
  1 14 chapter, chapters 85A, 85B, 86, and 87, the
  1 15 jurisdiction of the industrial commissioner and
  1 16 service of process or original notice in the manner
  1 17 provided by section 617.3.
  1 18    Sec. 2.  Section 85.71, subsections 1 through 4,
  1 19 Code 1997, are amended by striking the subsections and
  1 20 inserting in lieu thereof the following:
  1 21    1.  The employer is a resident of this state and
  1 22 the employee is domiciled in this state, or
  1 23    2.  The employer is doing business in this state
  1 24 and the employee is domiciled in this state, or
  1 25    3.  The contract of hire was made in this state and
  1 26 the workers' compensation law of another state is not
  1 27 applicable to the employee's employer.
  1 28    Sec. 3.  Section 86.11, Code 1997, is amended to
  1 29 read as follows:
  1 30    86.11  REPORTS OF INJURIES.
  1 31    Every employer shall hereafter keep a record of all
  1 32 injuries, fatal or otherwise, alleged by an employee
  1 33 to have been sustained in the course of the employee's
  1 34 employment and resulting in incapacity for a longer
  1 35 period than one day.  If the injury results only in
  1 36 temporary disability, causing incapacity for a longer
  1 37 period than three days except as provided in section
  1 38 86.36 then within four days thereafter, not counting
  1 39 Sundays and legal holidays, the employer or insurance
  1 40 carrier having had notice or knowledge of the
  1 41 occurrence of such injury and resulting disability,
  1 42 shall file a written report with the industrial
  1 43 commissioner on forms to be procured from the
  1 44 commissioner for that purpose. If such injury to the
  1 45 employee results in permanent total disability,
  1 46 permanent partial disability or death, then the
  1 47 employer or insurance carrier upon notice or knowledge
  1 48 of the occurrence of the employment injury, shall file
  1 49 a report with the industrial commissioner, within four
  1 50 days after having notice or knowledge of the permanent
  2  1 injury to the employee or the employee's death. The
  2  2 report to the industrial commissioner of injury shall
  2  3 be without prejudice to the employer or insurance
  2  4 carrier and shall not be admitted in evidence or used
  2  5 in any trial or hearing before any court, the
  2  6 industrial commissioner or a deputy industrial
  2  7 commissioner except as to the notice under section
  2  8 85.23.
  2  9    Sec. 4.  Section 86.36, Code 1997, is repealed."
  2 10    #2.  Title page, line 1, by inserting after the
  2 11 word "compensation" the following:  "concerning
  2 12 nonresident employers and".  
  2 13 
  2 14 
  2 15                               
  2 16 MURPHY of Dubuque
  2 17 HF 118.203 77
  2 18 ec/jj/28
     

Text: H01271                            Text: H01273
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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