Text: HF02464 Text: HF02466 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2465 1 2 1 3 AN ACT 1 4 RELATING TO WORKERS' COMPENSATION BY CHANGING THE NAME 1 5 OF THE DIVISION AND PERSONNEL RESPONSIBLE, PROVIDING 1 6 FOR THE COMMENCEMENT OF COMPENSATION DURING A HEALING 1 7 PERIOD, AND PROVIDING FOR REPORTING REQUIREMENTS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 84A.1, subsections 2 and 3, Code 1997, 1 12 are amended to read as follows: 1 13 2. The chief executive officer of the department is the 1 14 director who shall be appointed by the governor, subject to 1 15 confirmation by the senate under the confirmation procedures 1 16 of section 2.32. The director shall serve at the pleasure of 1 17 the governor. The governor shall set the salary of the 1 18 director within the applicable salary range established by the 1 19 general assembly. The director shall be selected solely on 1 20 the ability to administer the duties and functions granted to 1 21 the director and the department and shall devote full time to 1 22 the duties of the director. If the office of director becomes 1 23 vacant, the vacancy shall be filled in the same manner as the 1 24 original appointment was made. 1 25 The director of the department shall, subject to the 1 26 requirements of section 84A.1B, prepare, administer, and 1 27 control the budget of the department and its divisions and 1 28 shall approve the employment of all personnel of the 1 29 department and its divisions. 1 30 The director shall direct the administrative and compliance 1 31 functions and control the docket of the division ofindustrial1 32servicesworkers' compensation. 1 33 3. The department shall include the division of labor 1 34 services, the division ofindustrial servicesworkers' 1 35 compensation, and other divisions as appropriate. 2 1 Sec. 2. Section 84A.5, subsections 4 and 5, Code 1997, are 2 2 amended to read as follows: 2 3 4. The division ofindustrial servicesworkers' 2 4 compensation is responsible for the administration of the laws 2 5 of this state relating to workers' compensation under chapters 2 6 85, 85A, 85B, 86, and 87. The executive head of the division 2 7 is theindustrialworkers' compensation commissioner, 2 8 appointed pursuant to section 86.1. 2 9 5. The director shall form a coordinating committee 2 10 composed of the director, the labor commissioner, the 2 11industrialworkers' compensation commissioner, and other 2 12 administrators. The committee shall monitor federal 2 13 compliance issues relating to coordination of functions among 2 14 the divisions. 2 15 Sec. 3. Section 85.26, subsection 2, Code 1997, is amended 2 16 to read as follows: 2 17 2. An award for payments or an agreement for settlement 2 18 provided by section 86.13 for benefits under this chapter or 2 19 chapter 85A or 85B, where the amount has not been commuted, 2 20 may be reviewed upon commencement of reopening proceedings by 2 21 the employer or the employee within three years from the date 2 22 of the last payment of weekly benefits made under the award or 2 23 agreement. If an award for payments or agreement for 2 24 settlement as provided by section 86.13 for benefits under 2 25 this chapter or chapter 85A or 85B has been made and the 2 26 amount has not been commuted, or if a denial of liability is 2 27 not filed with theindustrialworkers' compensation 2 28 commissioner and notice of the denial is not mailed to the 2 29 employee,on forms prescribedin the form and manner required 2 30 by the commissioner, within six months of the commencement of 2 31 weekly compensation benefits, the commissioner may at any time 2 32 upon proper application make a determination and appropriate 2 33 order concerning the entitlement of an employee to benefits 2 34 provided for in section 85.27. The failure to file a denial 2 35 of liability does not constitute an admission of liability 3 1 under this chapter or chapter 85A, 85B, or 86. 3 2 Sec. 4. Section 85.34, subsection 1, Code Supplement 1997, 3 3 is amended to read as follows: 3 4 1. HEALING PERIOD. If an employee has suffered a personal 3 5 injury causing permanent partial disability for which 3 6 compensation is payable as provided in subsection 2 of this 3 7 section, the employer shall pay to the employee compensation 3 8 for a healing period, as provided in section 85.37, beginning 3 9 on thedate offirst day of disability after the injury, and 3 10 until the employee has returned to work or it is medically 3 11 indicated that significant improvement from the injury is not 3 12 anticipated or until the employee is medically capable of 3 13 returning to employment substantially similar to the 3 14 employment in which the employee was engaged at the time of 3 15 injury, whichever occurs first. 3 16 Sec. 5. Section 86.9, unnumbered paragraph 1, Code 1997, 3 17 is amended to read as follows: 3 18 The director of the department of workforce development, in 3 19 consultation with the commissioner, shall, at the time 3 20 provided by law, make an annual report to the governor setting 3 21 forth in appropriate form the business and expense of the 3 22 division ofindustrial servicesworkers' compensation for the 3 23 preceding year, the number of claims processed by the division 3 24 and the disposition of the claims, and other matters 3 25 pertaining to the division which are of public interest, 3 26 together with recommendations for change or amendment of the 3 27 laws in this chapter and chapters 85, 85A, 85B, and 87, and 3 28 the recommendations, if any, shall be transmitted by the 3 29 governor to the first general assembly in session after the 3 30 report is filed. 3 31 Sec. 6. Section 86.11, Code 1997, is amended to read as 3 32 follows: 3 33 86.11 REPORTS OF INJURIES. 3 34 Every employer shall hereafter keep a record of all 3 35 injuries, fatal or otherwise, alleged by an employee to have 4 1 been sustained in the course of the employee's employment and 4 2 resulting in incapacity for a longer period than one day. If 4 3 the injury results only in temporary disability, causing 4 4 incapacity for a longer period than three days except as 4 5 provided in section 86.36 then within four days thereafter, 4 6 not counting Sundays and legal holidays, the employer or 4 7 insurance carrier having had notice or knowledge of the 4 8 occurrence of such injury and resulting disability, shall file 4 9 awrittenreport with theindustrialworkers' compensation 4 10 commissioneron forms to be procured fromin the form and 4 11 manner required by the commissionerfor that purpose. If such 4 12 injury to the employee results in permanent total disability, 4 13 permanent partial disability or death, then the employer or 4 14 insurance carrier upon notice or knowledge of the occurrence 4 15 of the employment injury, shall file a report with the 4 16industrialworkers' compensation commissioner, within four 4 17 days after having notice or knowledge of the permanent injury 4 18 to the employee or the employee's death. The report to the 4 19industrialworkers' compensation commissioner of injury shall 4 20 be without prejudice to the employer or insurance carrier and 4 21 shall not be admitted in evidence or used in any trial or 4 22 hearing before any court, theindustrialworkers' compensation 4 23 commissioner or a deputyindustrialworkers' compensation 4 24 commissioner except as to the notice under section 85.23. 4 25 Sec. 7. Section 86.13, unnumbered paragraph 1, Code 1997, 4 26 is amended to read as follows: 4 27 If an employer or insurance carrier pays weekly 4 28 compensation benefits to an employee, the employer or 4 29 insurance carrier shall file with theindustrialworkers' 4 30 compensation commissioneron forms prescribedin the form and 4 31 manner required by theindustrialworkers' compensation 4 32 commissioner a notice of the commencement of the payments. 4 33 The payments establish conclusively that the employer and 4 34 insurance carrier have notice of the injury for which benefits 4 35 are claimed but the payments do not constitute an admission of 5 1 liability under this chapter or chapter 85, 85A, or 85B. 5 2 Sec. 8. Section 86.44, unnumbered paragraph 2, Code 1997, 5 3 is amended to read as follows: 5 4 For purposes of this section, "mediator" means a chief 5 5 deputyindustrialworkers' compensation commissioner or deputy 5 6industrialworkers' compensation commissioner acting in the 5 7 capacity to resolve a dispute pursuant to this chapter or 5 8 chapter 85, 85A, or 85B, or an employee of the division of 5 9industrial servicesworkers' compensation involved during any 5 10 stage of a process to resolve a dispute. 5 11 Sec. 9. Section 96.6, subsection 4, Code 1997, is amended 5 12 to read as follows: 5 13 4. EFFECT OF DETERMINATION. A finding of fact or law, 5 14 judgment, conclusion, or final order made pursuant to this 5 15 section by an employee or representative of the department, 5 16 administrative law judge, or the employment appeal board, is 5 17 binding only upon the parties to proceedings brought under 5 18 this chapter, and is not binding upon any other proceedings or 5 19 action involving the same facts brought by the same or related 5 20 parties before the division of labor services, division of 5 21industrial servicesworkers' compensation, other state agency, 5 22 arbitrator, court, or judge of this state or the United 5 23 States. 5 24 Sec. 10. Section 912.3, subsection 4, Code 1997, is 5 25 amended to read as follows: 5 26 4. Request from the department of human services, the 5 27 department of workforce development and its division of 5 28industrial servicesworkers' compensation, the department of 5 29 public safety, the county sheriff departments, the municipal 5 30 police departments, the county attorneys, or other public 5 31 authorities or agencies reasonable assistance or data 5 32 necessary to administer the crime victim compensation program. 5 33 Sec. 11. AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVES TO 5 34 CODE EDITOR. Sections 84A.5, 85.3, 85.21, 85.22, 85.26, 5 35 85.27, 85.35, 85.43, 85.45, 85.47, 85.48, 85.49, 85.53, 85.55, 6 1 85.59, 85.62, 85.66, 85.67, 85.70, 85A.7, 85A.15, 85A.19, 6 2 85A.20, 85A.21, 85A.22, 85A.24, 85A.25, 85A.27, 85B.5, 85B.13, 6 3 85B.15, 86.1, 86.2, 86.3, 86.4, 86.10, 86.11, 86.12, 86.13, 6 4 86.17, 86.19, 86.24, 86.26, 86.27, 86.29, 86.38, 86.39, 86.41, 6 5 86.42, 86.43, 86.44, 87.1, 87.5, 87.6, 87.7, 87.11, 87.16, 6 6 87.17, 87.19, 87.20, 216A.73, and 331.324, Code 1997, and 6 7 sections 85.34, 85.61, 87.22, and 515B.5, Code Supplement 6 8 1997, are amended by striking from the sections the words 6 9 "industrial commissioner" and inserting in lieu thereof the 6 10 words "workers' compensation commissioner". 6 11 6 12 6 13 6 14 RON J. CORBETT 6 15 Speaker of the House 6 16 6 17 6 18 6 19 MARY E. KRAMER 6 20 President of the Senate 6 21 6 22 I hereby certify that this bill originated in the House and 6 23 is known as House File 2465, Seventy-seventh General Assembly. 6 24 6 25 6 26 6 27 ELIZABETH ISAACSON 6 28 Chief Clerk of the House 6 29 Approved , 1998 6 30 6 31 6 32 6 33 TERRY E. BRANSTAD 6 34 Governor
Text: HF02464 Text: HF02466 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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