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