Text: HSB00678 Text: HSB00680 Text: HSB00600 - HSB00699 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 byanthe 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 the workers' compensation 1 31 commission. 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 86.11, Code 1999, is amended to read as 3 15 follows: 3 16 86.11 REPORTS OF INJURIES. 3 17 Every employer shall hereafter keep a record of all 3 18 injuries, fatal or otherwise, alleged by an employee to have 3 19 been sustained in the course of the employee's employment and 3 20 resulting in incapacity for a longer period than one day. If 3 21 the injury results only in temporary disability, causing 3 22 incapacity for a longer period than three daysexcept as3 23provided in section 86.36, then within four days thereafter, 3 24 not counting Sundays and legal holidays, the employer or 3 25 insurance carrier having had notice or knowledge of the 3 26 occurrence of such injury and resulting disability, shall file 3 27 a report with the workers' compensation commissioner in the 3 28 form and manner required by the commissioner. If such injury 3 29 to the employee results in permanent total disability, 3 30 permanent partial disability or death, then the employer or 3 31 insurance carrier upon notice or knowledge of the occurrence 3 32 of the employment injury, shall file a report with the 3 33 workers' compensation commissioner, within four days after 3 34 having notice or knowledge of the permanent injury to the 3 35 employee or the employee's death. The report to the workers' 4 1 compensation commissioner of injury shall be without prejudice 4 2 to the employer or insurance carrier and shall not be admitted 4 3 in evidence or used in any trial or hearing before any court, 4 4 the workers' compensation commissioner or a deputy workers' 4 5 compensation commissioner except as to the notice under 4 6 section 85.23. 4 7 Sec. 5. Section 86.39, Code 1999, is amended to read as 4 8 follows: 4 9 86.39 FEES – APPROVAL– LIEN. 4 10 All fees or claims for legal, medical, hospital, and burial 4 11 services rendered under this chapter and chapters 85, 85A, 4 12 85B, and 87 are subject to the approval of the workers' 4 13 compensation commissioner, and no lien for such service is4 14enforceable without the approval of the amount of the lien by4 15the workers' compensation commissioner. For services rendered 4 16 in the district court and appellate courts, the attorney's fee 4 17 is subject to the approval of a judge of the district court. 4 18 Sec. 6. Section 86.36, Code 1999, is repealed. 4 19 EXPLANATION 4 20 This bill makes several changes to the workers' 4 21 compensation system. 4 22 Code section 85.3, governing notice to nonresident 4 23 employers, is amended. The changes provide that a nonresident 4 24 employer who has services performed by any employee in this 4 25 state is deemed to be doing business in this state and is 4 26 therefore subject to the jurisdiction of the workers' 4 27 compensation commissioner and the laws pertaining to workers' 4 28 compensation. The changes further provide that the workers' 4 29 compensation commissioner has jurisdiction over an entity if 4 30 that entity has sufficient minimum contacts with the state. 4 31 The bill also provides for the service of process on a 4 32 nonresident employer as provided in Code section 617.3 and on 4 33 any person based on the rules of civil procedure. The current 4 34 provision on service and notice, Code section 86.36, is 4 35 repealed. 5 1 Code section 85.36, relating to the basis for computing 5 2 workers' compensation benefits, is amended. The bill adds 5 3 provisions detailing how to determine an employee's weekly 5 4 earnings for purposes of determining benefits if the employee 5 5 is not employed for the entire 13-week period immediately 5 6 preceding the injury or if earnings of other employees in a 5 7 similar position cannot be determined. 5 8 Code section 86.39 is amended to eliminate the requirement 5 9 that a lien for the costs of legal, medical, hospital, and 5 10 burial services be approved by the workers' compensation 5 11 commissioner before it can be enforceable. 5 12 LSB 6679HC 78 5 13 ec/gg/8
Text: HSB00678 Text: HSB00680 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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