Text: HSB00577 Text: HSB00579 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 84A.1, subsections 2 and 3, Code 1997, 1 2 are amended to read as follows: 1 3 2. The chief executive officer of the department is the 1 4 director who shall be appointed by the governor, subject to 1 5 confirmation by the senate under the confirmation procedures 1 6 of section 2.32. The director shall serve at the pleasure of 1 7 the governor. The governor shall set the salary of the 1 8 director within the applicable salary range established by the 1 9 general assembly. The director shall be selected solely on 1 10 the ability to administer the duties and functions granted to 1 11 the director and the department and shall devote full time to 1 12 the duties of the director. If the office of director becomes 1 13 vacant, the vacancy shall be filled in the same manner as the 1 14 original appointment was made. 1 15 The director of the department shall, subject to the 1 16 requirements of section 84A.1B, prepare, administer, and 1 17 control the budget of the department and its divisions and 1 18 shall approve the employment of all personnel of the 1 19 department and its divisions. 1 20 The director shall direct the administrative and compliance 1 21 functions and control the docket of the division ofindustrial1 22servicesworkers' compensation. 1 23 3. The department shall include the division of labor 1 24 services, the division ofindustrial servicesworkers' 1 25 compensation, and other divisions as appropriate. 1 26 Sec. 2. Section 84A.5, subsections 4 and 5, Code 1997, are 1 27 amended to read as follows: 1 28 4. The division ofindustrial servicesworkers' 1 29 compensation is responsible for the administration of the laws 1 30 of this state relating to workers' compensation under chapters 1 31 85, 85A, 85B, 86, and 87. The executive head of the division 1 32 is theindustrialworkers' compensation commissioner, 1 33 appointed pursuant to section 86.1. 1 34 5. The director shall form a coordinating committee 1 35 composed of the director, the labor commissioner, the 2 1industrialworkers' compensation commissioner, and other 2 2 administrators. The committee shall monitor federal 2 3 compliance issues relating to coordination of functions among 2 4 the divisions. 2 5 Sec. 3. Section 85.26, subsection 2, Code 1997, is amended 2 6 to read as follows: 2 7 2. An award for payments or an agreement for settlement 2 8 provided by section 86.13 for benefits under this chapter or 2 9 chapter 85A or 85B, where the amount has not been commuted, 2 10 may be reviewed upon commencement of reopening proceedings by 2 11 the employer or the employee within three years from the date 2 12 of the last payment of weekly benefits made under the award or 2 13 agreement. If an award for payments or agreement for 2 14 settlement as provided by section 86.13 for benefits under 2 15 this chapter or chapter 85A or 85B has been made and the 2 16 amount has not been commuted, or if a denial of liability is 2 17 not filed with theindustrialworkers' compensation 2 18 commissioner and notice of the denial is not mailed to the 2 19 employee,on forms prescribedin the form and manner required 2 20 by the commissioner, within six months of the commencement of 2 21 weekly compensation benefits, the commissioner may at any time 2 22 upon proper application make a determination and appropriate 2 23 order concerning the entitlement of an employee to benefits 2 24 provided for in section 85.27. The failure to file a denial 2 25 of liability does not constitute an admission of liability 2 26 under this chapter or chapter 85A, 85B, or 86. 2 27 Sec. 4. Section 85.34, subsection 1, Code Supplement 1997, 2 28 is amended to read as follows: 2 29 1. HEALING PERIOD. If an employee has suffered a personal 2 30 injury causing permanent partial disability for which 2 31 compensation is payable as provided in subsection 2 of this 2 32 section, the employer shall pay to the employee compensation 2 33 for a healing period, as provided in section 85.37, beginning 2 34 on thedate offirst day of disability after the injury, and 2 35 until the employee has returned to work or it is medically 3 1 indicated that significant improvement from the injury is not 3 2 anticipated or until the employee is medically capable of 3 3 returning to employment substantially similar to the 3 4 employment in which the employee was engaged at the time of 3 5 injury, whichever occurs first. 3 6 Sec. 5. Section 86.9, unnumbered paragraph 1, Code 1997, 3 7 is amended to read as follows: 3 8 The director of the department of workforce development, in 3 9 consultation with the commissioner, shall, at the time 3 10 provided by law, make an annual report to the governor setting 3 11 forth in appropriate form the business and expense of the 3 12 division ofindustrial servicesworkers' compensation for the 3 13 preceding year, the number of claims processed by the division 3 14 and the disposition of the claims, and other matters 3 15 pertaining to the division which are of public interest, 3 16 together with recommendations for change or amendment of the 3 17 laws in this chapter and chapters 85, 85A, 85B, and 87, and 3 18 the recommendations, if any, shall be transmitted by the 3 19 governor to the first general assembly in session after the 3 20 report is filed. 3 21 Sec. 6. Section 86.11, Code 1997, is amended to read as 3 22 follows: 3 23 86.11 REPORTS OF INJURIES. 3 24 Every employer shall hereafter keep a record of all 3 25 injuries, fatal or otherwise, alleged by an employee to have 3 26 been sustained in the course of the employee's employment and 3 27 resulting in incapacity for a longer period than one day. If 3 28 the injury results only in temporary disability, causing 3 29 incapacity for a longer period than three days except as 3 30 provided in section 86.36 then within four days thereafter, 3 31 not counting Sundays and legal holidays, the employer or 3 32 insurance carrier having had notice or knowledge of the 3 33 occurrence of such injury and resulting disability, shall file 3 34 awrittenreport with theindustrialworkers' compensation 3 35 commissioneron forms to be procured fromin the form and 4 1 manner required by the commissionerfor that purpose. If such 4 2 injury to the employee results in permanent total disability, 4 3 permanent partial disability or death, then the employer or 4 4 insurance carrier upon notice or knowledge of the occurrence 4 5 of the employment injury, shall file a report with the 4 6industrialworkers' compensation commissioner, within four 4 7 days after having notice or knowledge of the permanent injury 4 8 to the employee or the employee's death. The report to the 4 9industrialworkers' compensation commissioner of injury shall 4 10 be without prejudice to the employer or insurance carrier and 4 11 shall not be admitted in evidence or used in any trial or 4 12 hearing before any court, theindustrialworkers' compensation 4 13 commissioner or a deputyindustrialworkers' compensation 4 14 commissioner except as to the notice under section 85.23. 4 15 Sec. 7. Section 86.13, unnumbered paragraph 1, Code 1997, 4 16 is amended to read as follows: 4 17 If an employer or insurance carrier pays weekly 4 18 compensation benefits to an employee, the employer or 4 19 insurance carrier shall file with theindustrialworkers' 4 20 compensation commissioneron forms prescribedin the form and 4 21 manner required by theindustrialworkers' compensation 4 22 commissioner a notice of the commencement of the payments. 4 23 The payments establish conclusively that the employer and 4 24 insurance carrier have notice of the injury for which benefits 4 25 are claimed but the payments do not constitute an admission of 4 26 liability under this chapter or chapter 85, 85A, or 85B. 4 27 Sec. 8. Section 86.44, unnumbered paragraph 2, Code 1997, 4 28 is amended to read as follows: 4 29 For purposes of this section, "mediator" means a chief 4 30 deputyindustrialworkers' compensation commissioner or deputy 4 31industrialworkers' compensation commissioner acting in the 4 32 capacity to resolve a dispute pursuant to this chapter or 4 33 chapter 85, 85A, or 85B, or an employee of the division of 4 34industrial servicesworkers' compensation involved during any 4 35 stage of a process to resolve a dispute. 5 1 Sec. 9. Section 96.6, subsection 4, Code 1997, is amended 5 2 to read as follows: 5 3 4. EFFECT OF DETERMINATION. A finding of fact or law, 5 4 judgment, conclusion, or final order made pursuant to this 5 5 section by an employee or representative of the department, 5 6 administrative law judge, or the employment appeal board, is 5 7 binding only upon the parties to proceedings brought under 5 8 this chapter, and is not binding upon any other proceedings or 5 9 action involving the same facts brought by the same or related 5 10 parties before the division of labor services, division of 5 11industrial servicesworkers' compensation, other state agency, 5 12 arbitrator, court, or judge of this state or the United 5 13 States. 5 14 Sec. 10. Section 912.3, subsection 4, Code 1997, is 5 15 amended to read as follows: 5 16 4. Request from the department of human services, the 5 17 department of workforce development and its division of 5 18industrial servicesworkers' compensation, the department of 5 19 public safety, the county sheriff departments, the municipal 5 20 police departments, the county attorneys, or other public 5 21 authorities or agencies reasonable assistance or data 5 22 necessary to administer the crime victim compensation program. 5 23 Sec. 11. AMENDMENTS CHANGING TERMINOLOGY – DIRECTIVES TO 5 24 CODE EDITOR. Sections 84A.5, 85.3, 85.21, 85.22, 85.26, 5 25 85.27, 85.35, 85.43, 85.45, 85.47, 85.48, 85.49, 85.53, 85.55, 5 26 85.59, 85.62, 85.66, 85.67, 85.70, 85A.7, 85A.15, 85A.19, 5 27 85A.20, 85A.21, 85A.22, 85A.24, 85A.25, 85A.27, 85B.5, 85B.13, 5 28 85B.15, 86.1, 86.2, 86.3, 86.4, 86.10, 86.11, 86.12, 86.13, 5 29 86.17, 86.19, 86.24, 86.26, 86.27, 86.29, 86.38, 86.39, 86.41, 5 30 86.42, 86.43, 86.44, 87.1, 87.5, 87.6, 87.7, 87.11, 87.16, 5 31 87.17, 87.19, 87.20, 216A.73, and 331.324, Code 1997, and 5 32 sections 85.34, 85.61, 87.22, and 515B.5, Code Supplement 5 33 1997, are amended by striking from the sections the words 5 34 "industrial commissioner" and inserting in lieu thereof the 5 35 words "workers' compensation commissioner". 6 1 EXPLANATION 6 2 This bill changes the name of the division of industrial 6 3 services to the division of workers' compensation. In 6 4 addition, the Code editor is directed to change the words 6 5 "industrial commissioner" to "workers' compensation 6 6 commissioner" in Code sections identified in the bill. 6 7 The bill also provides that an employer is required to pay 6 8 workers' compensation for a healing period for a permanent 6 9 disability beginning on the first day of disability after the 6 10 injury instead of on the day of injury. 6 11 The bill also eliminates the requirement that first reports 6 12 of injury reports be filed in written form. 6 13 LSB 4197HC 77 6 14 ec/jw/5
Text: HSB00577 Text: HSB00579 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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