Text: HF00355 Text: HF00357 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 356 1 2 1 3 AN ACT 1 4 RELATING TO ADMINISTRATIVE AND CORRECTIVE CHANGES TO THE 1 5 WORKERS' COMPENSATION LAW AND PROVIDING AN EFFECTIVE DATE 1 6 AND RETROACTIVE APPLICABILITY. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 85.1A, Code 2001, is amended to read as 1 11 follows: 1 12 85.1A PROPRIETORS, LIMITED LIABILITY COMPANY MEMBERS, 1 13 LIMITED LIABILITY PARTNERS, AND PARTNERS. 1 14 A proprietor, limited liability company member, limited 1 15 liability partner, or partner who is actively engaged in the 1 16 proprietor's, limited liability company member's, limited 1 17 liability partner's, or partner's business on a substantially 1 18 full-time basis, may elect to be covered by the workers' 1 19 compensation law of this state by purchasing valid workers' 1 20 compensation insurance specifically including the proprietor, 1 21 limited liability company member, limited liability partner, 1 22 or partner. The election constitutes an assumption by the 1 23 employer of workers' compensation liability for the 1 24 proprietor, limited liability company member, limited 1 25 liability partner, or partner for the time period in which the 1 26 insurance contract is in force. The proprietor, limited 1 27 liability company member, limited liability partner, or 1 28 partner shall accept compensation in the manner provided by 1 29 the workers' compensation law and the employer is relieved 1 30 from any other liability for recovery of damages, or other 1 31 compensation for injury. 1 32 Sec. 2. Section 85.27, unnumbered paragraph 3, Code 2001, 1 33 is amended to read as follows: 1 34 Notwithstanding section 85.26, subsection 4, charges 1 35 believed to be excessive or unnecessary may be referred by the 2 1 employer, insurance carrier, or health service provider to the 2 2 workers' compensation commissioner for determination, and the 2 3 commissioner may utilize the procedures provided in sections 2 4 86.38 and 86.39, or set by rule, and conduct such inquiry as 2 5 the commissioner deems necessary. Any health service provider 2 6 charges not in dispute shall be paid directly to the health 2 7 service provider prior to utilization of procedures provided 2 8 in sections 86.38 and 86.39 or set by rule. A health service 2 9 provider rendering treatment to an employee whose injury is 2 10 compensable under this section agrees to be bound by such 2 11 charges as allowed by the workers' compensation commissioner 2 12 and shall not recover in law or equity any amount in excess of 2 13 charges set by the commissioner. When a dispute under chapter 2 14 85, 85A, or 85B regarding reasonableness of a fee for medical 2 15 services arises between a health service provider and an 2 16 employer or insurance carrier, the health service provider, 2 17 employer, or insurance carrier shall not seek payment from the 2 18 injured employee. 2 19 Sec. 3. Section 85.35, unnumbered paragraph 1, Code 2001, 2 20 is amended to read as follows: 2 21 The parties to a contested case, or persons who are 2 22 involved in a dispute which could culminate in a contested 2 23 case may enter into a settlement of any claim arising under 2 24 this chapter or chapter 85A, 85B, or 86, providing for final 2 25 disposition of the claim, provided that no final disposition 2 26 affecting rights to future benefits may be had when the only 2 27 dispute is the degree of disability resulting from an injury 2 28 for which an award for payments or agreement for settlement 2 29 under section 86.13 has been made. The settlement shall be in 2 30 writing and submitted to the workers' compensation 2 31 commissioner for approval. 2 32 The parties may agree that settlement proceeds, which are 2 33 paid in a lump sum, are intended to compensate the injured 2 34 worker at a given monthly or weekly rate over the life 2 35 expectancy of the injured worker. If such an agreement is 3 1 reached, neither the weekly compensation rate which either has 3 2 been paid, or should have been paid, throughout the case, nor 3 3 the maximum statutory weekly rate applicable to the injury 3 4 shall apply. Instead, the rate set forth in the settlement 3 5 agreement shall be the rate for the case. 3 6 PARAGRAPH DIVIDED. The settlement shall not be approved 3 7 unless evidence of a bona fide dispute exists concerning any 3 8 of the following: 3 9 Sec. 4. Section 85.36, subsection 10, Code 2001, is 3 10 amended to read as follows: 3 11 10. If a wage, or method of calculating a wage, is used 3 12 for the basis of the payment of a workers' compensation 3 13 insurance premium for a proprietor, partner, limited liability 3 14 company member, limited liability partner, or officer of a 3 15 corporation, the wage or the method of calculating the wage is 3 16 determinative for purposes of computing the proprietor's, 3 17 partner's, limited liability company member's, limited 3 18 liability partner's, or officer's weekly workers' compensation 3 19 benefit rate. 3 20 Sec. 5. Section 85.61, subsection 11, unnumbered paragraph 3 21 1, Code 2001, is amended to read as follows: 3 22 "Worker" or "employee" means a person who has entered into 3 23 the employment of, or works under contract of service, express 3 24 or implied, or apprenticeship, for an employer; an executive 3 25 officer elected or appointed and empowered under and in 3 26 accordance with the charter and bylaws of a corporation, 3 27 including a person holding an official position, or standing 3 28 in a representative capacity of the employer; an official 3 29 elected or appointed by the state, or a county, school 3 30 district, area education agency, municipal corporation, or 3 31 city under any form of government; a member of the Iowa state 3 32 patrol; a conservation officer; and a proprietor, limited 3 33 liability company member, limited liability partner, or 3 34 partner who elects to be covered pursuant to section 85.1A, 3 35 except as specified in this chapter. 4 1 Sec. 6. Section 85.61, subsection 13, paragraph e, Code 4 2 2001, is amended to read as follows: 4 3 e. Proprietors, limited liability company members, limited 4 4 liability partners, and partners who have not elected to be 4 5 covered by the workers' compensation law of this state 4 6 pursuant to section 85.1A. 4 7 Sec. 7. Section 86.26, Code 2001, is amended to read as 4 8 follows: 4 9 86.26 JUDICIAL REVIEW. 4 10 Judicial review of decisions or orders of the workers' 4 11 compensation commissioner may be sought in accordance with 4 12 chapter 17A. Notwithstanding chapter 17A, the Iowa 4 13 administrative procedure Act, petitions for judicial review 4 14 may be filed in the district court of the county in which the 4 15 hearing under section 86.17 was held,andthe workers' 4 16 compensation commissioner shall transmit to the reviewing 4 17 court the original or a certified copy of the entire record of 4 18 the contested case which is the subject of the petition within 4 19 thirty days after receiving written notice from the party 4 20 filing the petition that a petition for judicial review has 4 21 been filed, and an application for stay of agency action 4 22 during the pendency of judicial review shall not be filed in 4 23 the division of workers' compensation of the department of 4 24 workforce development but shall be filed with the district 4 25 court. Such a review proceeding shall be accorded priority 4 26 over other matters pending before the district court. 4 27 Sec. 8. Section 627.13, Code 2001, is amended to read as 4 28 follows: 4 29 627.13 WORKERS' COMPENSATION. 4 30AnyNotwithstanding the provisions of sections 554.9406 and 4 31 554.9408, any compensation due or that may become due an 4 32 employee or dependent under chapter 85, 85A, or 85B is exempt 4 33 from garnishment, attachment, execution, and assignment of 4 34 income, except for the purposes of enforcing child, spousal, 4 35 or medical support obligations. For the purposes of enforcing 5 1 child, spousal, or medical support obligations, an assignment 5 2 of income, garnishment or attachment of or the execution 5 3 against compensation due an employee under chapter 85, 85A, or 5 4 85B is not exempt but shall be limited as specified in 15 5 5 U.S.C. } 1673(b). 5 6 Sec. 9. Section 668.13, subsection 3, Code 2001, is 5 7 amended to read as follows: 5 8 3. Interest shall be calculated as of the date of judgment 5 9 at a rate equal to thecoupon issue yield equivalent, as5 10determined by the United States secretary of the treasury, of5 11the average accepted auction price for the last auction of5 12fifty-two week United States treasury billstreasury constant 5 13 maturity index published by the federal reserve in the H15 5 14 Report settled immediately prior to the date of the judgment 5 15 plus two percent. The state court administrator shall 5 16 distribute notice monthly of that rate and any changes to that 5 17 rate to all district courts. 5 18 Sec. 10. Section 9 of this Act, being deemed of immediate 5 19 importance, takes effect upon enactment and applies 5 20 retroactively to February 28, 2001. 5 21 5 22 5 23 5 24 BRENT SIEGRIST 5 25 Speaker of the House 5 26 5 27 5 28 5 29 MARY E. KRAMER 5 30 President of the Senate 5 31 5 32 I hereby certify that this bill originated in the House and 5 33 is known as House File 356, Seventy-ninth General Assembly. 5 34 5 35 6 1 6 2 MARGARET THOMSON 6 3 Chief Clerk of the House 6 4 Approved , 2001 6 5 6 6 6 7 6 8 THOMAS J. VILSACK 6 9 Governor
Text: HF00355 Text: HF00357 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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