Text: HSB00540 Text: HSB00542 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 85.3, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. Any employer who is a nonresident ofthethis state, 1 4 for whom services are performed withinthethis state by 1 5employees entitled to rights under this chapter, chapter 85A1 6or chapter 85Bany employee, is deemed to be doing business in 1 7 this state by virtue of having such services performed and the 1 8 employer and employee shall be subject to the jurisdiction of 1 9 the workers' compensation commissioner and to all of the 1 10 provisions of this chapter, chapters 85A, 85B, 86, and 87, as 1 11 to any and all personal injuries sustained by an employee 1 12 arising out of and in the course of such employment within 1 13 this state. In addition, every corporation, individual, 1 14 personal representative, partnership, or association that has 1 15 the necessary minimum contact with this state shall be subject 1 16 to the jurisdiction of the workers' compensation commissioner, 1 17 and the workers' compensation commissioner shall hold such 1 18 corporation, individual, personal representative, partnership, 1 19 or association amenable to suit in this state in every case 1 20 not contrary to the provisions of the Constitution of the 1 21 United States. 1 22 3. Service of process or original notice upon a 1 23 nonresident employer may be performed as provided in section 1 24 617.3 or as provided in the Iowa rules of civil procedure. In 1 25 addition, service may be made on any corporation, individual, 1 26 personal representative, partnership, or association that has 1 27 the necessary minimum contact with this state as provided in 1 28 rule of civil procedure 56.1 within or without this state or 1 29 if such service cannot be made, in any manner consistent with 1 30 due process of law prescribed by order of the court in which 1 31 the action is brought. 1 32 In addition to those persons authorized to receive personal 1 33 service as in civil actions as permitted by chapter 17A and 1 34 this chapter, such employer shall be deemed to have appointed 1 35 the secretary of state of this state as its lawful attorney 2 1 upon whom may be served or delivered any and all notices 2 2 authorized or required by the provisions of this chapter, 2 3 chapters 85A, 85B, 86, 87, and 17A, and to agree that any and 2 4 all such services or deliveries of notice on the secretary of 2 5 state shall be of the same legal force and validity as if 2 6 personally served upon or delivered to such nonresident 2 7 employer in this state. 2 8 This section does not limit or affect the right to serve an 2 9 original notice upon any corporation, individual, personal 2 10 representative, partnership, or association within or without 2 11 this state in any manner otherwise permitted by statute or 2 12 rule. 2 13 4. For purposes of this section, a nonresident employer is 2 14 any employer that is not a resident of Iowa as defined in 2 15 section 617.3. 2 16 Sec. 2. Section 85.36, subsection 6, Code 1999, is amended 2 17 to read as follows: 2 18 6. In the case of an employee who is paid on a daily, or 2 19 hourly basis, or by the output of the employee, the weekly 2 20 earnings shall be computed by dividing by thirteen the 2 21 earnings, not including overtime or premium pay, ofsaidthe 2 22 employee earned in the employ of the employer in the last 2 23 completed period of thirteen consecutive calendar weeks 2 24 immediately preceding the injury. If the employee was absent 2 25 from employment for reasons personal to the employee during 2 26 part of the thirteen calendar weeks preceding the injury, the 2 27 employee's weekly earnings shall be the amount the employee 2 28 would have earned had the employee worked when work was 2 29 available to other employees of the employer in a similar 2 30 occupation. A week which does not fairly reflect the 2 31 employee's customary earnings shall be replaced by the closest 2 32 previous week with earnings that fairly represent the 2 33 employee's customary earnings. 2 34 Sec. 3. Section 85.36, subsection 7, Code 1999, is amended 2 35 to read as follows: 3 1 7. In the case of an employee who has been in the employ 3 2 of the employer less than thirteen calendar weeks immediately 3 3 preceding the injury, the employee's weekly earnings shall be 3 4 computed under subsection 6, taking the earnings, not 3 5 including overtime or premium pay, for such purpose to be the 3 6 amount the employee would have earned had the employee been so 3 7 employed by the employer the full thirteen calendar weeks 3 8 immediately preceding the injury and had worked, when work was 3 9 available to other employees in a similar occupation. If the 3 10 earnings of other employees cannot be determined, the 3 11 employee's weekly earnings shall be the average computed for 3 12 the number of weeks the employee has been in the employ of the 3 13 employer. 3 14 Sec. 4. Section 85.71, subsection 1, Code 1999, is amended 3 15 to read as follows: 3 16 1. The employment is principally localized in this state, 3 17 that is,the employee's employer has a place of business in3 18this or some other state and the employee regularly works in3 19this statemore of the employee's working time for the 3 20 employer is spent in this state than in any other state, or if 3 21 the employee's employer has a place of business in this state 3 22 and the employee is domiciled in this state. 3 23 Sec. 5. Section 86.11, Code 1999, is amended to read as 3 24 follows: 3 25 86.11 REPORTS OF INJURIES. 3 26 Every employer shall hereafter keep a record of all 3 27 injuries, fatal or otherwise, alleged by an employee to have 3 28 been sustained in the course of the employee's employment and 3 29 resulting in incapacity for a longer period than one day. If 3 30 the injury results only in temporary disability, causing 3 31 incapacity for a longer period than three daysexcept as3 32provided in section 86.36, then within four days thereafter, 3 33 not counting Sundays and legal holidays, the employer or 3 34 insurance carrier having had notice or knowledge of the 3 35 occurrence of such injury and resulting disability, shall file 4 1 a report with the workers' compensation commissioner in the 4 2 form and manner required by the commissioner. If such injury 4 3 to the employee results in permanent total disability, 4 4 permanent partial disability or death, then the employer or 4 5 insurance carrier upon notice or knowledge of the occurrence 4 6 of the employment injury, shall file a report with the 4 7 workers' compensation commissioner, within four days after 4 8 having notice or knowledge of the permanent injury to the 4 9 employee or the employee's death. The report to the workers' 4 10 compensation commissioner of injury shall be without prejudice 4 11 to the employer or insurance carrier and shall not be admitted 4 12 in evidence or used in any trial or hearing before any court, 4 13 the workers' compensation commissioner or a deputy workers' 4 14 compensation commissioner except as to the notice under 4 15 section 85.23. 4 16 Sec. 6. Section 86.17, Code Supplement 1999, is amended to 4 17 read as follows: 4 18 86.17 HEARINGS – PRESIDING OFFICER – VENUE. 4 19 1. Notwithstanding the provisions of section 17A.11, the 4 20industrialworkers' compensation commissioner or a deputy 4 21industrialworkers' compensation commissioner shall preside 4 22 over any contested case proceeding brought under this chapter, 4 23 chapter 85, 85A, or 85B in the manner provided by chapter 17A. 4 24 The deputy commissioner or the commissioner may make such 4 25 inquiries in contested case proceedings as shall be deemed 4 26 necessary, so long as such inquiries do not violate any of the 4 27 provisions of section 17A.17. 4 28 2. Hearings in contested case proceedings under chapters 4 29 85, 85A and this chapter shall be held in the judicial 4 30 district where the injury occurred. By written stipulation of 4 31 the partiesor, and by the order of a deputy workers' 4 32 compensation commissioner or the workers' compensation 4 33 commissioner, a hearing may be held elsewhere. If the injury 4 34 occurred outside this state, or if the proceeding is not one 4 35 for benefits resulting from an injury, hearings shall be held 5 1 in Polk county or as otherwise stipulated by the parties or by 5 2 order of a deputy workers' compensation commissioner or the 5 3 workers' compensation commissioner. 5 4 Sec. 7. Section 86.39, Code 1999, is amended to read as 5 5 follows: 5 6 86.39 FEES – APPROVAL– LIEN. 5 7 All fees or claims for legal, medical, hospital, and burial 5 8 services rendered under this chapter and chapters 85, 85A, 5 9 85B, and 87 are subject to the approval of the workers' 5 10 compensation commissioner, and no lien for such service is5 11enforceable without the approval of the amount of the lien by5 12the workers' compensation commissioner. For services rendered 5 13 in the district court and appellate courts, the attorney's fee 5 14 is subject to the approval of a judge of the district court. 5 15 Sec. 8. Section 86.36, Code 1999, is repealed. 5 16 EXPLANATION 5 17 This bill makes several changes to the workers' 5 18 compensation system. 5 19 Code section 85.3, governing notice to nonresident 5 20 employers, is amended. The changes provide that a nonresident 5 21 employer who has services performed by any employee in this 5 22 state is deemed to be doing business in this state and is 5 23 therefore subject to the jurisdiction of the workers' 5 24 compensation commissioner and the laws pertaining to workers' 5 25 compensation. The changes further provide that the workers' 5 26 compensation commissioner has jurisdiction over an entity if 5 27 that entity has sufficient minimum contacts with the state. 5 28 The bill also provides for the service of process on a 5 29 nonresident employer as provided in Code section 617.3 and on 5 30 any person based on the rules of civil procedure. The current 5 31 provision on service and notice, Code section 86.36, is 5 32 repealed. 5 33 Code section 85.36, relating to the basis for computing 5 34 workers' compensation benefits, is amended. The bill adds 5 35 provisions detailing how to determine an employee's weekly 6 1 earnings for purposes of determining benefits if the employee 6 2 is not employed for the entire 13-week period immediately 6 3 preceding the injury or if earnings of other employees in a 6 4 similar position cannot be determined. 6 5 Code section 85.71, governing the payment for injuries 6 6 occurring outside the state, is amended. The bill provides 6 7 that an employer shall pay compensation based on Iowa law if 6 8 more of the employee's working time with the employer is spent 6 9 in this state than in any other state. 6 10 Code section 86.17 is amended to provide that a hearing 6 11 concerning workers' compensation can be held in a location 6 12 other than the judicial district where the injury occurred 6 13 only if the parties stipulate in writing to the change. 6 14 Code section 86.39 is amended to eliminate the requirement 6 15 that a lien for the costs of legal, medical, hospital, and 6 16 burial services be approved by the workers' compensation 6 17 commissioner before it can be enforceable. 6 18 LSB 5114YC 78 6 19 ec/gg/8
Text: HSB00540 Text: HSB00542 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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