Text: SF00108 Text: SF00110 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 109 1 2 1 3 AN ACT 1 4 RELATING TO WORKERS' COMPENSATION COVERAGE FOR INJURIES THAT 1 5 OCCUR AND CLAIMS MADE OUTSIDE OF THE STATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 85.71, Code 1997, is amended to read as 1 10 follows: 1 11 85.71EMPLOYMENTINJURY OUTSIDE OF STATE. 1 12 If an employee, while working outside the territorial 1 13 limits of this state, suffers an injury on account of which 1 14 the employee, or in the event of death, the employee's 1 15 dependents, would have been entitled to the benefits provided 1 16 by this chapter had such injury occurred within this state, 1 17 such employee, or in the event of death resulting from such 1 18 injury, the employee's dependents, shall be entitled to the 1 19 benefits provided by this chapter,provided thatif at the 1 20 time of such injury any of the following is applicable: 1 21 1. The employment is principally localized in this state, 1 22 that is, the employee's employer has a place of business in 1 23 this or some other state and the employee regularly works in 1 24 this state, or if the employee's employer has a place of 1 25 business in this state and the employee is domiciled in this 1 26 state, or. 1 27 2. The employee is working under a contract of hire made 1 28 in this state in employment not principally localized in any 1 29 state, orand the employee spends a substantial part of the 1 30 employee's working time working for the employer in this 1 31 state. 1 32 3. The employee is working under a contract of hire made 1 33 in this state in employment principally localized in another 1 34 state, whose workers' compensation law is not applicable to 1 35 the employee's employer, or. 2 1 4. The employee is working under a contract of hire made 2 2 in this state for employment outside the United States. 2 3 Sec. 2. NEW SECTION. 85.72 CLAIMS FOR BENEFITS MADE 2 4 OUTSIDE OF STATE RESTRICTIONS CREDIT. 2 5 1. An employee, or an employee's dependents, shall not be 2 6 entitled to benefits under this chapter if the employee or the 2 7 employee's dependents has initiated a judicial proceeding or a 2 8 contested case or other similar proceeding for the same 2 9 injury, disability, or death pursuant to the laws of another 2 10 state or country concerning workers' compensation, and the 2 11 employee or the employee's dependents receives benefits 2 12 following resolution of the proceeding pursuant to a 2 13 settlement, judgment, or award. 2 14 2. If an employee, or an employee's dependents, initiates 2 15 a judicial proceeding or a contested case or other similar 2 16 proceeding for benefits pursuant to the laws of another state 2 17 or country concerning workers' compensation, any proceeding 2 18 initiated by an employee, or an employee's dependents, for 2 19 workers' compensation benefits under this chapter for the same 2 20 injury, disability, or death shall be stayed, without 2 21 prejudice, pending resolution of the out-of-state claim for 2 22 benefits. 2 23 3. If benefits are paid under this chapter and were 2 24 payable, at any time, for the same injury, disability, or 2 25 death pursuant to the laws of another state or country 2 26 concerning workers' compensation, the employer shall have a 2 27 credit toward the benefits payable under this chapter for any 2 28 benefits paid in another state or country. 2 29 2 30 2 31 2 32 MARY E. KRAMER 2 33 President of the Senate 2 34 2 35 3 1 3 2 RON J. CORBETT 3 3 Speaker of the House 3 4 3 5 I hereby certify that this bill originated in the Senate and 3 6 is known as Senate File 109, Seventy-seventh General Assembly. 3 7 3 8 3 9 3 10 MARY PAT GUNDERSON 3 11 Secretary of the Senate 3 12 Approved , 1997 3 13 3 14 3 15 3 16 TERRY E. BRANSTAD 3 17 Governor
Text: SF00108 Text: SF00110 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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