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House Journal: Page 1379: Wednesday, April 8, 1998

38   pursuant to section 85.65.  In addition, the labor
39   commissioner, on behalf of the second injury fund
40   created under this division, shall have a cause of
41   action under section 85.22 to the same extent as an
42   employer against any person not in the same employment
43   by reason of whose negligence or wrong the subsequent
44   injury of the person with the previous disability was
45   caused.  The action shall be brought by the treasurer
46   of state labor commissioner on behalf of the fund,
and
47   any recovery, less the necessary and reasonable
48   expenses incurred by the treasurer of state labor
49   commissioner, shall be paid to the treasurer of state
50   and credited to the second injury fund.

Page 5

 1     Sec. 6.  SECOND INJURY FUND LIABILITY - SURCHARGE
 2   ON EMPLOYERS.
 3     1.  For purposes of this section, unless the
 4   context otherwise requires:
 5     a.  "Insured employers" means employers who are
 6   commercially insured for purposes of workers'
 7   compensation coverage or who have been self-insured
 8   for less than twenty-four months as of the first day
 9   of the fiscal year in which a surcharge is imposed
10   pursuant to this section.
11     b.  "Self-insured employers" means employers who
12   have been self-insured for purposes of workers'
13   compensation coverage for at least twenty-four months
14   as of the first day of the fiscal year in which a
15   surcharge is imposed pursuant to this section.
16     2.  Prior to the fiscal year commencing July 1,
17   1998, the commissioner of insurance shall examine
18   claims in which there has been an agreement for
19   settlement or an award has been made involving the
20   second injury compensation Act and shall determine the
21   outstanding liability of such claims.
22     3.  For the fiscal year commencing July 1, 1998,
23   the commissioner of insurance may adopt by rule,
24   pursuant to chapter 17A, a surcharge on employers
25   pursuant to the requirements of this section and
26   payable to the second injury fund if, pursuant to its
27   examination of claims, the commissioner of insurance
28   determines that insufficient funds are available in
29   the second injury fund to pay claims involving the
30   second injury compensation Act.  The surcharge shall
31   apply to all workers' compensation insurance policies
32   and self-insurance coverages of employers approved for
33   self-insurance by the commissioner of insurance
34   pursuant to section 87.4 or 87.11, and to the state of
35   Iowa, its departments, divisions, agencies,
36   commissions, and boards, or any political subdivision
37   coverages whether insured or self-insured.  The

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Tue Apr 21 13:40:06 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01300/01379.html
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