Text: SF02372 Text: SF02374 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2373 1 2 1 3 AN ACT 1 4 RELATING TO WORKERS' COMPENSATION CONCERNING SERVICE OF 1 5 NOTICES ON NONRESIDENT EMPLOYERS, THE CALCULATION OF 1 6 WEEKLY EARNINGS, AND THE APPROVAL OF RELATED LIENS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 85.3, subsection 2, Code 1999, is 1 11 amended to read as follows: 1 12 2. Any employer who is a nonresident ofthethis state, 1 13 for whom services are performed withinthethis state by 1 14employees entitled to rights under this chapter, chapter 85A1 15or chapter 85Bany employee, is deemed to be doing business in 1 16 this state by virtue of having such services performed and the 1 17 employer and employee shall be subject to the jurisdiction of 1 18 the workers' compensation commissioner and to all of the 1 19 provisions of this chapter, chapters 85A, 85B, 86, and 87, as 1 20 to any and all personal injuries sustained byanthe employee 1 21 arising out of and in the course of such employment within 1 22 this state. In addition, every corporation, individual, 1 23 personal representative, partnership, or association that has 1 24 the necessary minimum contact with this state shall be subject 1 25 to the jurisdiction of the workers' compensation commissioner, 1 26 and the workers' compensation commissioner shall hold such 1 27 corporation, individual, personal representative, partnership, 1 28 or association amenable to suit in this state in every case 1 29 not contrary to the provisions of the Constitution of the 1 30 United States. 1 31 3. Service of process or original notice upon a 1 32 nonresident employer may be performed as provided in section 1 33 617.3 or as provided in the Iowa rules of civil procedure. In 1 34 addition, service may be made on any corporation, individual, 1 35 personal representative, partnership, or association that has 2 1 the necessary minimum contact with this state as provided in 2 2 rule of civil procedure 56.1 within or without this state or 2 3 if such service cannot be made, in any manner consistent with 2 4 due process of law prescribed by the workers' compensation 2 5 commission. 2 6 In addition to those persons authorized to receive personal 2 7 service as in civil actions as permitted by chapter 17A and 2 8 this chapter, such employer shall be deemed to have appointed 2 9 the secretary of state of this state as its lawful attorney 2 10 upon whom may be served or delivered any and all notices 2 11 authorized or required by the provisions of this chapter, 2 12 chapters 85A, 85B, 86, 87, and 17A, and to agree that any and 2 13 all such services or deliveries of notice on the secretary of 2 14 state shall be of the same legal force and validity as if 2 15 personally served upon or delivered to such nonresident 2 16 employer in this state. 2 17 This section does not limit or affect the right to serve an 2 18 original notice upon any corporation, individual, personal 2 19 representative, partnership, or association within or without 2 20 this state in any manner otherwise permitted by statute or 2 21 rule. 2 22 4. For purposes of this section, a nonresident employer is 2 23 any employer that is not a resident of Iowa as defined in 2 24 section 617.3. 2 25 Sec. 2. Section 85.36, subsection 6, Code 1999, is amended 2 26 to read as follows: 2 27 6. In the case of an employee who is paid on a daily, or 2 28 hourly basis, or by the output of the employee, the weekly 2 29 earnings shall be computed by dividing by thirteen the 2 30 earnings, not including overtime or premium pay, ofsaidthe 2 31 employee earned in the employ of the employer in the last 2 32 completed period of thirteen consecutive calendar weeks 2 33 immediately preceding the injury. If the employee was absent 2 34 from employment for reasons personal to the employee during 2 35 part of the thirteen calendar weeks preceding the injury, the 3 1 employee's weekly earnings shall be the amount the employee 3 2 would have earned had the employee worked when work was 3 3 available to other employees of the employer in a similar 3 4 occupation. A week which does not fairly reflect the 3 5 employee's customary earnings shall be replaced by the closest 3 6 previous week with earnings that fairly represent the 3 7 employee's customary earnings. 3 8 Sec. 3. Section 85.36, subsection 7, Code 1999, is amended 3 9 to read as follows: 3 10 7. In the case of an employee who has been in the employ 3 11 of the employer less than thirteen calendar weeks immediately 3 12 preceding the injury, the employee's weekly earnings shall be 3 13 computed under subsection 6, taking the earnings, not 3 14 including overtime or premium pay, for such purpose to be the 3 15 amount the employee would have earned had the employee been so 3 16 employed by the employer the full thirteen calendar weeks 3 17 immediately preceding the injury and had worked, when work was 3 18 available to other employees in a similar occupation. If the 3 19 earnings of other employees cannot be determined, the 3 20 employee's weekly earnings shall be the average computed for 3 21 the number of weeks the employee has been in the employ of the 3 22 employer. 3 23 Sec. 4. 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. 5. Section 86.39, Code 1999, is amended to read as 4 17 follows: 4 18 86.39 FEES – APPROVAL– LIEN. 4 19 All fees or claims for legal, medical, hospital, and burial 4 20 services rendered under this chapter and chapters 85, 85A, 4 21 85B, and 87 are subject to the approval of the workers' 4 22 compensation commissioner, and no lien for such service is4 23enforceable without the approval of the amount of the lien by4 24the workers' compensation commissioner. For services rendered 4 25 in the district court and appellate courts, the attorney's fee 4 26 is subject to the approval of a judge of the district court. 4 27 Sec. 6. Section 86.36, Code 1999, is repealed. 4 28 4 29 4 30 4 31 MARY E. KRAMER 4 32 President of the Senate 4 33 4 34 4 35 5 1 BRENT SIEGRIST 5 2 Speaker of the House 5 3 5 4 I hereby certify that this bill originated in the Senate and 5 5 is known as Senate File 2373, Seventy-eighth General Assembly. 5 6 5 7 5 8 5 9 MICHAEL E. MARSHALL 5 10 Secretary of the Senate 5 11 Approved , 2000 5 12 5 13 5 14 5 15 THOMAS J. VILSACK 5 16 Governor
Text: SF02372 Text: SF02374 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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