Text: HSB00004 Text: HSB00006 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 85.1A, Code 2001, is amended to read as 1 2 follows: 1 3 85.1A PROPRIETORS, LIMITED LIABILITY COMPANY MEMBERS, 1 4 LIMITED LIABILITY PARTNERS, AND PARTNERS. 1 5 A proprietor, limited liability company member, limited 1 6 liability partner, or partner who is actively engaged in the 1 7 proprietor's, limited liability company member's, limited 1 8 liability partner's, or partner's business on a substantially 1 9 full-time basis, may elect to be covered by the workers' 1 10 compensation law of this state by purchasing valid workers' 1 11 compensation insurance specifically including the proprietor, 1 12 limited liability company member, limited liability partner, 1 13 or partner. The election constitutes an assumption by the 1 14 employer of workers' compensation liability for the 1 15 proprietor, limited liability company member, limited 1 16 liability partner, or partner for the time period in which the 1 17 insurance contract is in force. The proprietor, limited 1 18 liability company member, limited liability partner, or 1 19 partner shall accept compensation in the manner provided by 1 20 the workers' compensation law and the employer is relieved 1 21 from any other liability for recovery of damages, or other 1 22 compensation for injury. 1 23 Sec. 2. Section 85.27, unnumbered paragraph 3, Code 2001, 1 24 is amended to read as follows: 1 25 Notwithstanding section 85.26, subsection 4, charges 1 26 believed to be excessive or unnecessary may be referred by the 1 27 employer, insurance carrier, or health service provider to the 1 28 workers' compensation commissioner for determination, and the 1 29 commissioner may utilize the procedures provided in sections 1 30 86.38 and 86.39, or set by rule, and conduct such inquiry as 1 31 the commissioner deems necessary. Any health service provider 1 32 charges not in dispute shall be paid directly to the health 1 33 service provider prior to utilization of procedures provided 1 34 in sections 86.38 and 86.39 or set by rule. A health service 1 35 provider rendering treatment to an employee whose injury is 2 1 compensable under this section agrees to be bound by such 2 2 charges as allowed by the workers' compensation commissioner 2 3 and shall not recover in law or equity any amount in excess of 2 4 charges set by the commissioner. When a dispute under chapter 2 5 85, 85A, or 85B regarding reasonableness of a fee for medical 2 6 services arises between a health service provider and an 2 7 employer or insurance carrier, the health service provider, 2 8 employer, or insurance carrier shall not seek payment from the 2 9 injured employee. 2 10 Sec. 3. Section 85.35, unnumbered paragraph 1, Code 2001, 2 11 is amended to read as follows: 2 12 The parties to a contested case, or persons who are 2 13 involved in a dispute which could culminate in a contested 2 14 case may enter into a settlement of any claim arising under 2 15 this chapter or chapter 85A, 85B, or 86, providing for final 2 16 disposition of the claim, provided that no final disposition 2 17 affecting rights to future benefits may be had when the only 2 18 dispute is the degree of disability resulting from an injury 2 19 for which an award for payments or agreement for settlement 2 20 under section 86.13 has been made. The settlement shall be in 2 21 writing and submitted to the workers' compensation 2 22 commissioner for approval. 2 23 The parties may agree that settlement proceeds, which are 2 24 paid in a lump sum, are intended to compensate the injured 2 25 worker at a given monthly or weekly rate over the life 2 26 expectancy of the injured worker. If such an agreement is 2 27 reached, neither the weekly compensation rate which either has 2 28 been paid, or should have been paid, throughout the case, nor 2 29 the maximum statutory weekly rate applicable to the injury 2 30 shall apply. Instead, the rate set forth in the settlement 2 31 agreement shall be the rate for the case. 2 32 PARAGRAPH DIVIDED. The settlement shall not be approved 2 33 unless evidence of a bona fide dispute exists concerning any 2 34 of the following: 2 35 Sec. 4. Section 85.36, subsection 10, Code 2001, is 3 1 amended to read as follows: 3 2 10. If a wage, or method of calculating a wage, is used 3 3 for the basis of the payment of a workers' compensation 3 4 insurance premium for a proprietor, partner, limited liability 3 5 company member, limited liability partner, or officer of a 3 6 corporation, the wage or the method of calculating the wage is 3 7 determinative for purposes of computing the proprietor's, 3 8 partner's, limited liability company member's, limited 3 9 liability partner's, or officer's weekly workers' compensation 3 10 benefit rate. 3 11 Sec. 5. Section 85.61, subsection 11, unnumbered paragraph 3 12 1, Code 2001, is amended to read as follows: 3 13 "Worker" or "employee" means a person who has entered into 3 14 the employment of, or works under contract of service, express 3 15 or implied, or apprenticeship, for an employer; an executive 3 16 officer elected or appointed and empowered under and in 3 17 accordance with the charter and bylaws of a corporation, 3 18 including a person holding an official position, or standing 3 19 in a representative capacity of the employer; an official 3 20 elected or appointed by the state, or a county, school 3 21 district, area education agency, municipal corporation, or 3 22 city under any form of government; a member of the Iowa state 3 23 patrol; a conservation officer; and a proprietor, limited 3 24 liability company member, limited liability partner, or 3 25 partner who elects to be covered pursuant to section 85.1A, 3 26 except as specified in this chapter. 3 27 Sec. 6. Section 85.61, subsection 13, paragraph e, Code 3 28 2001, is amended to read as follows: 3 29 e. Proprietors, limited liability company members, limited 3 30 liability partners, and partners who have not elected to be 3 31 covered by the workers' compensation law of this state 3 32 pursuant to section 85.1A. 3 33 Sec. 7. Section 86.26, Code 2001, is amended to read as 3 34 follows: 3 35 86.26 JUDICIAL REVIEW. 4 1 Judicial review of decisions or orders of the workers' 4 2 compensation commissioner may be sought in accordance with 4 3 chapter 17A. Notwithstanding chapter 17A, the Iowa 4 4 administrative procedure Act, petitions for judicial review 4 5 may be filed in the district court of the county in which the 4 6 hearing under section 86.17 was held,andthe workers' 4 7 compensation commissioner shall transmit to the reviewing 4 8 court the original or a certified copy of the entire record of 4 9 the contested case which is the subject of the petition within 4 10 thirty days after receiving written notice from the party 4 11 filing the petition that a petition for judicial review has 4 12 been filed, and an application for stay of agency action 4 13 during the pendency of judicial review shall not be filed in 4 14 the division of workers' compensation of the department of 4 15 workforce development but shall be filed with the district 4 16 court. Such a review proceeding shall be accorded priority 4 17 over other matters pending before the district court. 4 18 Sec. 8. Section 627.13, Code 2001, is amended to read as 4 19 follows: 4 20 627.13 WORKERS' COMPENSATION. 4 21AnyNotwithstanding the provisions of section 554.9408, any 4 22 compensation due or that may become due an employee or 4 23 dependent under chapter 85, 85A, or 85B is exempt from 4 24 garnishment, attachment, execution, and assignment of income, 4 25 except for the purposes of enforcing child, spousal, or 4 26 medical support obligations. For the purposes of enforcing 4 27 child, spousal, or medical support obligations, an assignment 4 28 of income, garnishment or attachment of or the execution 4 29 against compensation due an employee under chapter 85, 85A, or 4 30 85B is not exempt but shall be limited as specified in 15 4 31 U.S.C. } 1673(b). 4 32 EXPLANATION 4 33 This bill amends Code sections 85.1A, 85.36, and 85.61 to 4 34 specify that limited liability partnerships will be treated 4 35 the same as partnerships and limited liability companies for 5 1 purposes of the workers' compensation law. 5 2 The bill amends Code section 85.27 to reference Code 5 3 chapters 85A and 85B so that disputed medical expenses are 5 4 treated the same under Code chapter 85 and Code chapters 85A 5 5 and 85B. 5 6 The bill amends Code section 85.35 to provide that parties 5 7 may agree that settlement proceeds paid in a lump sum as a 5 8 result of a contested case settlement are intended to be paid 5 9 at a rate over the employee's lifetime rather than during the 5 10 time otherwise provided for in Code section 85.34. 5 11 The bill amends Code section 86.26 to create an exception 5 12 to Code section 17A.19(5) by providing that an application for 5 13 a stay of agency review shall be filed in the district court, 5 14 not in the division of workers' compensation. 5 15 The bill amends Code section 627.13 to provide that the 5 16 section exempting workers' compensation benefits from 5 17 collection proceedings prevails over new Code section 5 18 554.9408, which is effective July 1, 2001. 5 19 LSB 1685HC 79 5 20 av/gg/8
Text: HSB00004 Text: HSB00006 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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