Text: H08353 Text: H08355 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-8299, to Senate File 2190, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 1, by striking lines 5 through 44 and 1 5 inserting the following: 1 6 ""Sec. . Section 85.34, subsection 2, paragraph 1 7 u, unnumbered paragraph 1, Code 2001, is amended to 1 8 read as follows: 1 9 In all cases of permanent partial disability other 1 10 than thosehereinabovedescribed or referred to in 1 11 paragraphs "a" through "t"hereof, the compensation 1 12 shall be paid during the number of weeks in relation 1 13 tofive hundredthe life expectancy of the injured 1 14 employee in weeks as the disability bears to the body 1 15 of the injured employee as a whole. For purposes of 1 16 this paragraph, "life expectancy of the injured 1 17 employee" shall be determined pursuant to the life 1 18 expectancy table adopted by the workers' compensation 1 19 division for use in commutation proceedings. 1 20 Sec. . Section 85.34, Code 2001, is amended by 1 21 adding the following new subsection: 1 22 NEW SUBSECTION. 7. PERMANENT PARTIAL DISABILITY 1 23 – REDUCTION FOR PREVIOUS BENEFIT PAYMENTS. If an 1 24 employee receives a personal injury for which 1 25 permanent partial disability benefits are payable, and 1 26 that employee has already received permanent partial 1 27 disability benefits as a result of a previous personal 1 28 injury, the extent of that employee's entitlement to 1 29 permanent partial disability benefits may be subject 1 30 to a reduction as follows: 1 31 a. If the employee was previously paid permanent 1 32 partial disability benefits for a functional 1 33 disability confined to a scheduled member pursuant to 1 34 subsection 2, paragraphs "a" through "t", and that 1 35 employee sustains a subsequent injury to the same 1 36 scheduled member, the extent of that employee's 1 37 entitlement to permanent partial disability benefits 1 38 may be reduced as a result of the previous payment if, 1 39 at the time of the employee's most recent injury, the 1 40 previous injury was still independently causing an 1 41 ascertainable percentage of functional disability. 1 42 b. If the employee was previously paid permanent 1 43 partial disability benefits for an industrial 1 44 disability pursuant to subsection 2, paragraph "u", 1 45 and that employee sustains a subsequent injury which 1 46 would entitle that employee to permanent partial 1 47 disability benefits pursuant to subsection 2, 1 48 paragraph "u", the extent of that employee's 1 49 entitlement to permanent partial disability benefits 1 50 may be reduced as a result of the previous payment if, 2 1 at the time of the employee's most recent injury, the 2 2 previous injury was still independently causing an 2 3 ascertainable percentage of industrial disability. 2 4 The reduction permitted by this paragraph shall not 2 5 exceed the percentage of industrial disability 2 6 previously paid which can be independently attributed 2 7 to the previous injury. 2 8 c. The employer shall have the burden of proving 2 9 any reduction permitted by this subsection."" 2 10 2 11 2 12 2 13 WINCKLER of Scott 2 14 SF 2190.201 79 2 15 ec/sh
Text: H08353 Text: H08355 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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