Text: H08298                            Text: H08300
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House Amendment 8299

Amendment Text

PAG LIN
  1  1    Amend Senate File 2190, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 2, by inserting after line 29 the
  1  4 following:
  1  5    "Sec.    .  Section 85.34, Code 2001, is amended by
  1  6 adding the following new subsection:
  1  7    NEW SUBSECTION.  7.  APPORTIONMENT.  Compensation
  1  8 for a permanent partial disability which would
  1  9 otherwise be payable pursuant to this section shall be
  1 10 reduced as provided in this subsection as follows:
  1 11    a.  If an employee has a preexisting functional
  1 12 loss under subsection 2, paragraphs "a" through "t",
  1 13 or a preexisting industrial disability under
  1 14 subsection 2, paragraph "u", the preexisting
  1 15 functional loss or industrial disability shall be
  1 16 apportioned and the employer shall not be liable for
  1 17 that preexisting loss or disability with respect to
  1 18 claims for a permanent partial disability resulting
  1 19 from subsequent injuries which result in an increase
  1 20 in the permanent impairment to the same member or an
  1 21 increase in industrial disability with respect to any
  1 22 condition affecting employability.  However, the
  1 23 apportionment authorized by this paragraph shall not
  1 24 apply if the preexisting functional loss or
  1 25 preexisting industrial disability was the product of a
  1 26 work injury with the same employer and the employee
  1 27 did not recover benefits pursuant to this chapter for
  1 28 that preexisting functional loss or preexisting
  1 29 industrial disability.
  1 30    b.  If an employee has received a benefit under
  1 31 this chapter, chapter 85A, or chapter 85B, for a
  1 32 previous injury to a portion of the body as described
  1 33 in subsection 2, the employer shall not be liable for
  1 34 the amount representing the applicable previous
  1 35 payment with respect to claims for a permanent partial
  1 36 disability resulting from subsequent injuries to the
  1 37 same portion of the body.  For purposes of this
  1 38 paragraph, the applicable previous payment is the
  1 39 percentage of disability that resulted from the
  1 40 previous injury for which compensation was received
  1 41 under this chapter, chapter 85A, or chapter 85B, or
  1 42 the dollar amount received in a contested case
  1 43 settlement under section 85.35 that was not paid by
  1 44 the employee for medical care."
  1 45    #2.  By renumbering as necessary.  
  1 46 
  1 47 
  1 48                               
  1 49 HORBACH of Tama
  1 50 SF 2190.901 79
  2  1 ec/hk
     

Text: H08298                            Text: H08300
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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