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House File 356

Partial Bill History

Bill Text

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, and the 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 30    Any Notwithstanding 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 the coupon issue yield equivalent, as
  5 10 determined by the United States secretary of the treasury, of
  5 11 the average accepted auction price for the last auction of
  5 12 fifty-two week United States treasury bills treasury 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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