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Text: SF00108                           Text: SF00110
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Senate File 109

Partial Bill History

Bill Text

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    85.71  EMPLOYMENT INJURY 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 that if 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, or and 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
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