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House Journal: Page 1375: Wednesday, April 8, 1998

Unfinished Business Calendar
House File 2515, a bill for an act relating to workers'
compensation by repealing the second injury compensation Act,
eliminating the second injury fund, providing for the resolution
of claims against the fund to include the imposition of an
employer surcharge, providing for employee compensation for
certain subsequent injuries, and providing an effective date,
was taken up for consideration.
Lamberti of Polk offered the following amendment H-8892 filed by
him and Taylor of Linn and moved its adoption:

H-8892

 1     Amend House File 2515 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  Section 85.65, Code 1997, is amended
 5   to read as follows:
 6     85.65  PAYMENTS TO SECOND INJURY FUND.
 7     The employer, or, if insured, the insurance carrier
 8   in each case of compensable injury causing death,
 9   shall pay to the treasurer of state for the second
10   injury fund the sum of four twelve thousand dollars
in
11   a case where there are dependents and fifteen forty-
12   five thousand dollars in a case where there are no
13   dependents.  The payment shall be made at the time
14   compensation payments are begun, or at the time the
15   burial expenses are paid in a case where there are no
16   dependents.  However, the payments shall be required
17   only in cases of injury resulting in death coming
18   within the purview of this chapter and occurring after
19   July 1, 1978.  These payments shall be in addition to
20   any payments of compensation to injured employees or
21   their dependents, or of burial expenses as provided in
22   this chapter.
23     Sec. 2.  NEW SECTION.  85.65A  PAYMENTS TO SECOND
24   INJURY FUND - SURCHARGE ON EMPLOYERS.
25     1.  For purposes of this section, unless the
26   context otherwise requires:
27     a.  "Insured employers" means employers who are
28   commercially insured for purposes of workers'
29   compensation coverage or who have been self-insured
30   for less than twenty-four months as of the first day
31   of the fiscal year in which a surcharge is imposed
32   pursuant to this section.
33     b.  "Self-insured employers" means employers who
34   have been self-insured for purposes of workers'
35   compensation coverage for at least twenty-four months
36   as of the first day of the fiscal year in which a
37   surcharge is imposed pursuant to this section.

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