Text: HSB00087 Text: HSB00089 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 85.34, Code 1997, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 6. APPORTIONMENT. If an employee has a
1 4 preexisting functional loss under subsection 2, paragraphs "a"
1 5 through "t", or a preexisting industrial disability under
1 6 subsection 2, paragraph "u", the preexisting functional loss
1 7 or industrial disability shall be apportioned and the employer
1 8 shall not be liable for that preexisting loss or disability
1 9 with respect to claims resulting from subsequent injuries
1 10 which result in an increase in the permanent impairment to the
1 11 same member or an increase in industrial disability with
1 12 respect to any condition affecting employability, whether or
1 13 not that preexisting condition was work-related or benefits
1 14 were received under this chapter or chapter 85A or 85B.
1 15 EXPLANATION
1 16 This bill provides that in determining the liability of an
1 17 employer for an injury, any preexisting functional loss or
1 18 industrial liability of the employee shall be apportioned and
1 19 the employer shall not be liable for any increase in
1 20 disability due to the combination of the preexisting and the
1 21 subsequent injury, regardless of whether the preexisting
1 22 condition was work-related or resulted in the payment of
1 23 workers' compensation benefits. Under current law, the
1 24 employer may apportion the disability and not be liable for
1 25 the preexisting condition only if the preexisting condition
1 26 was not work-related.
1 27 LSB 2014HC 77
1 28 ec/cf/24
Text: HSB00087 Text: HSB00089 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Wed Feb 5 03:40:49 CST 1997
URL: /DOCS/GA/77GA/Legislation/HSB/00000/HSB00088/970204.html
jhf