Text: HSB00088 Text: HSB00090 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 85.33, Code 1997, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 6. For purposes of this section and
1 4 section 85.34, subsection 1, "employment substantially similar
1 5 to the employment in which the employee was engaged at the
1 6 time of the injury" includes, for purposes of an individual
1 7 who was injured in the course of performing as a professional
1 8 athlete, any employment the individual has previously
1 9 performed or was reasonably suited to perform at the time of
1 10 the injury.
1 11 Sec. 2. Section 85.34, Code 1997, is amended by adding the
1 12 following new subsection:
1 13 NEW SUBSECTION. 6. PROFESSIONAL ATHLETE. For purposes of
1 14 this section, a determination of the degree of permanent
1 15 disability of an individual who was injured in the course of
1 16 performing as a professional athlete shall not be determined
1 17 based upon employment as a professional athlete but shall be
1 18 determined based upon other occupations the individual has
1 19 previously performed or was reasonably suited to perform at
1 20 the time of the injury.
1 21 Sec. 3. Section 85.36, Code 1997, is amended by adding the
1 22 following new subsection:
1 23 NEW SUBSECTION. 12. In the case of an employee injured in
1 24 the course of performing as a professional athlete, the basis
1 25 of compensation for weekly earnings shall be one-fiftieth of
1 26 total earnings which the employee has earned from all
1 27 employment for the previous twelve months prior to the injury.
1 28 The earnings of the employee as a professional athlete shall
1 29 be computed by using only the base salary of the employee,
1 30 exclusive of any incentives, bonuses, and other fringe
1 31 benefits.
1 32 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
1 33 immediate importance, takes effect upon enactment.
1 34 EXPLANATION
1 35 This bill provides for workers' compensation benefits for
2 1 professional athletes injured while performing as a
2 2 professional athlete.
2 3 The bill provides that benefits for a temporary total
2 4 disability, a temporary partial disability, and for a healing
2 5 period relating to a permanent partial disability shall be
2 6 terminated once the injured athlete is able to return to any
2 7 employment the athlete previously performed or was reasonably
2 8 suited to perform at the time of the injury.
2 9 The bill provides that the degree of permanent disability
2 10 of an individual injured while performing as a professional
2 11 athlete shall be determined based on occupations, other than
2 12 professional athletics, that the individual had previously
2 13 performed or was suited to perform.
2 14 The bill also provides that in computing the workers'
2 15 weekly compensation benefits of an injured professional
2 16 athlete, the basis of compensation shall be one-fiftieth of
2 17 the total earnings of the athlete over the previous 12 months.
2 18 The bill provides, for purposes of the total earnings
2 19 computation, that earnings as an athlete shall be limited to
2 20 the athlete's base salary and shall not include incentives,
2 21 bonuses, or other fringe benefits.
2 22 This bill takes effect upon enactment.
2 23 LSB 2016HC 77
2 24 ec/cf/24
Text: HSB00088 Text: HSB00090 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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