Text: H08375 Text: H08377 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 inserting after line 4 the
1 5 following:
1 6 ""Sec. . Section 85.34, subsection 5, Code
1 7 2001, is amended to read as follows:
1 8 5. Recovery of employee overpayment. If an
1 9 employee is paid any weekly benefits in excess of that
1 10 required by this chapter and chapters 85A, 85B, and
1 11 86, the excess paid by the employer shall be credited
1 12 against the liability of the employer for any future
1 13 weekly benefits due pursuant to subsection 2, for a
1 14 subsequent injury to the same employee. An
1 15 overpayment can be established only when the
1 16 overpayment is recognized in a settlement agreement
1 17 approved under section 86.13, pursuant to final agency
1 18 action in a contested case which was commenced within
1 19 three years from the date that weekly benefits were
1 20 last paid for the claim for which the benefits were
1 21 overpaid, or pursuant to final agency action in a
1 22 contested case for a prior injury to the same
1 23 employee. The credit shall remain available for eight
1 24 years after the date the overpayment was established.
1 25 If an overpayment is established pursuant to this
1 26 subsection, the employee and employer may enter into a
1 27 written settlement agreement providing for the
1 28 repayment by the employee of the overpayment. The
1 29 agreement is subject to the approval of the workers'
1 30 compensation commissioner. The employer shall not
1 31 take any adverse action against the employee for
1 32 failing to agree to such a written settlement
1 33 agreement. However, an overpayment shall not be
1 34 created if an employee has been paid compensation for
1 35 either a functional loss or industrial disability from
1 36 an injury resulting in permanent partial disability
1 37 and who subsequently suffers an injury in which the
1 38 finding of functional loss or industrial disability is
1 39 less than the amount or percentage of the earlier
1 40 compensation paid."
1 41
1 42
1 43
1 44 DOTZLER of Black Hawk
1 45 SF 2190.1
1 46 ec/es/25
Text: H08375 Text: H08377 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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