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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