Text: S03203 Text: S03205 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 109 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 85.71, Code 1997, is amended 1 5 to read as follows: 1 6 85.71EMPLOYMENTINJURY OUTSIDE OF STATE. 1 7 If an employee, while working outside the 1 8 territorial limits of this state, suffers an injury on 1 9 account of which the employee, or in the event of 1 10 death, the employee's dependents, would have been 1 11 entitled to the benefits provided by this chapter had 1 12 such injury occurred within this state, such employee, 1 13 or in the event of death resulting from such injury, 1 14 the employee's dependents, shall be entitled to the 1 15 benefits provided by this chapter,provided thatif at 1 16 the time of such injury any of the following is 1 17 applicable: 1 18 1. The employment is principally localized in this 1 19 state, that is, the employee's employer has a place of 1 20 business in this or some other state and the employee 1 21 regularly works in this state, or if the employee's 1 22 employer has a place of business in this state and the 1 23 employee is domiciled in this state, or. 1 24 2. The employee is working under a contract of 1 25 hire made in this state in employment not principally 1 26 localized in any state, or. 1 27 3. The employee is working under a contract of 1 28 hire made in this state in employment principally 1 29 localized in another state, whose workers' 1 30 compensation law is not applicable to the employee's 1 31 employer, or. 1 32 4. The employee is working under a contract of 1 33 hire made in this state for employment outside the 1 34 United States. 1 35 Sec. 2. NEW SECTION. 85.72 CLAIMS FOR BENEFITS 1 36 MADE OUTSIDE OF STATE – RESTRICTIONS – CREDIT. 1 37 1. An employee, or an employee's dependents, shall 1 38 not be entitled to benefits under this chapter if the 1 39 employee or the employee's dependents receives 1 40 benefits through a settlement, judgment, or award, for 1 41 the same injury, disability, or death pursuant to the 1 42 laws of another state or country concerning workers' 1 43 compensation. 1 44 2. If an employee, or an employee's dependents, 1 45 files a claim for benefits pursuant to the laws of 1 46 another state or country concerning workers' 1 47 compensation, a claim by an employee, or an employee's 1 48 dependents, for workers' compensation benefits under 1 49 this chapter for the same injury, disability, or death 1 50 shall be stayed, without prejudice, pending resolution 2 1 of the out-of-state claim for benefits. 2 2 3. If benefits are paid under this chapter and 2 3 were previously paid for the same injury, disability, 2 4 or death pursuant to the laws of another state or 2 5 country concerning workers' compensation, the employer 2 6 shall have a credit concerning the benefits paid under 2 7 this chapter to the extent that benefits were paid in 2 8 another state or country." 2 9 #2. Title page, line 1, by striking the word 2 10 "employment" and inserting the following: "injuries 2 11 that occur and claims made". 2 12 2 13 2 14 2 15 STEVE KING 2 16 SF 109.202 77 2 17 ec/jj/28
Text: S03203 Text: S03205 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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