Text: HSB00593 Text: HSB00595 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, subsection 31, Code Supplement 1 2 2001, is amended to read as follows: 1 3 31. Memoranda, work products, and case files of a mediator 1 4 and all other confidential communications in the possession of 1 5 a mediator, as provided in chapters 86 and 216. Information 1 6 in these confidential communications is subject to disclosure 1 7 only as provided insectionssection 86.44, subsection 1, and 1 8 section 216.15B, notwithstanding any other contrary provision 1 9 of this chapter. 1 10 Sec. 2. Section 22.7, Code Supplement 2001, is amended by 1 11 adding the following new subsection: 1 12 NEW SUBSECTION. 43. Records filed with the division of 1 13 workers' compensation of the department of workforce 1 14 development which contain or permit the ascertainment of the 1 15 identity of an injured employee or an injured employee's 1 16 dependent as provided in section 86.44, subsection 2. 1 17 Sec. 3. Section 85.31, subsection 1, unnumbered paragraph 1 18 2, Code 2001, is amended to read as follows: 1 19 The weekly benefit amount payable under this section shall 1 20 be rounded to the nearest dollar and shall not exceed a weekly 1 21 benefit amount, rounded to the nearest dollar, equal to two 1 22 hundred percent of the statewide average weekly wage paid 1 23 employees as determined by the department of workforce 1 24 development under section 96.19, subsection 36, and in effect 1 25 at the time of the injury. The minimum weekly benefit amount 1 26 shall be equal to the weekly benefit amount of a person whose 1 27 gross weekly earnings are thirty-five percent of the statewide 1 28 average weekly wage. Such compensation shall be in addition 1 29 to the benefits provided by sections 85.27 and 85.28. 1 30 Sec. 4. Section 85.33, subsection 1, Code 2001, is amended 1 31 to read as follows: 1 32 1. Except as provided in subsection 2of this section, the 1 33 employer shall pay to an employee for injury producing 1 34 temporary total disability weekly compensation benefits, as 1 35 provided in section 85.32, until the employee has returned to 2 1 work or is medically capable of returning to employment 2 2 substantially similar to the employment in which the employee 2 3 was engaged at the time of injury, whichever occurs first. 2 4 Any weekly benefit amount payable under this section shall be 2 5 rounded to the nearest dollar. 2 6 Sec. 5. Section 85.34, unnumbered paragraph 1, Code 2001, 2 7 is amended to read as follows: 2 8 Compensation for permanent disabilities and during a 2 9 healing period for permanent partial disabilities shall be 2 10 payable to an employee as provided in this section. Any 2 11 weekly benefit amount payable under this section shall be 2 12 rounded to the nearest dollar. In the event weekly 2 13 compensation under section 85.33 had been paid to any person 2 14 for the same injury producing a permanent partial disability, 2 15 any such amounts so paid shall be deducted from the amount of 2 16 compensation payable for the healing period. 2 17 Sec. 6. Section 85.37, Code 2001, is amended to read as 2 18 follows: 2 19 85.37 COMPENSATION SCHEDULE. 2 20 If an employee receives a personal injury causing temporary 2 21 total disability, or causing a permanent partial disability 2 22 for which compensation is payable during a healing period, 2 23 compensation for the temporary total disability or for the 2 24 healing period shall be upon the basis provided in this 2 25 section. Any weekly benefit amount payable under this section 2 26 shall be rounded to the nearest dollar. The weekly benefit 2 27 amount payable to any employee for any one week shall be upon 2 28 the basis of eighty percent of the employee's weekly spendable 2 29 earnings, but shall not exceed an amount, rounded to the 2 30 nearest dollar, equal to sixty-six and two-thirds percent of 2 31 the statewide average weekly wage paid employees as determined 2 32 by the department of workforce development under section 2 33 96.19, subsection 36, and in effect at the time of the injury. 2 34 However, as of July 1, 1975; July 1, 1977; July 1, 1979; and 2 35 July 1, 1981, the maximum weekly benefit amount rounded to the 3 1 nearest dollar shall be increased so that it equals one 3 2 hundred percent, one hundred thirty-three and one-third 3 3 percent, one hundred sixty-six and two-thirds percent, and two 3 4 hundred percent, respectively, of the statewide average weekly 3 5 wage as determined above. Total weekly compensation for any 3 6 employee shall not exceed eighty percent per week of the 3 7 employee's weekly spendable earnings. The minimum weekly 3 8 benefit amount shall be equal to the weekly benefit amount of 3 9 a person whose gross weekly earnings are thirty-five percent 3 10 of the statewide average weekly wage, or to the spendable 3 11 weekly earnings of the employee, whichever are less. 3 12 Such compensation shall be in addition to the benefits 3 13 provided by sections 85.27 and 85.28. 3 14 Sec. 7. Section 85.55, Code 2001, is amended to read as 3 15 follows: 3 16 85.55 WAIVERS PROHIBITED– PHYSICAL DEFECTS. 3 17NoAn employee or dependent to whom this chapter applies, 3 18 shall not have the power to waive any of the provisions of 3 19 this chapter in regard to the amount of compensation which may 3 20 be payable to such employee or dependent hereunder.However,3 21any person who has some physical defect which increases the3 22risk of injury, may, subject to the approval of the workers'3 23compensation commissioner, enter into a written agreement with3 24the employee's employer waiving compensation for injuries3 25which may occur directly or indirectly because of such3 26physical defect, provided, however, that such waiver shall not3 27affect the employee's benefits to be paid from the second3 28injury fund under the provisions of section 85.64.3 29 Sec. 8. Section 85.60, Code 2001, is amended to read as 3 30 follows: 3 31 85.60 INJURIES WHILE IN EMPLOYMENT TRAINING OR EVALUATION. 3 32 A person participating in a school-to-work program referred 3 33 to in section 85.61, or receiving earnings while engaged in 3 34 employment training or while undergoing an employment 3 35 evaluation under the direction of a rehabilitation facility 4 1 approved for purchase-of-service contracts or for referrals by 4 2 the department of human services or the department of 4 3 education, who sustains an injury arising out of and in the 4 4 course of the school-to-work program participation, employment 4 5 training, or employment evaluation is entitled to benefits as 4 6 provided in this chapter, chapter 85A, chapter 85B, and 4 7 chapter 86. Notwithstanding the minimum benefit provisions of 4 8 this chapter, a person referred to in this section and 4 9 entitled to benefits under this chapter is entitled to receive 4 10 a minimum weekly benefit amount, rounded to the nearest 4 11 dollar, for a permanent partial disability under section 4 12 85.34, subsection 2, or for a permanent total disability under 4 13 section 85.34, subsection 3, equal to the weekly benefit 4 14 amount of a person whose gross weekly earnings are thirty-five 4 15 percent of the statewide average weekly wage computed pursuant 4 16 to section 96.3 and in effect at the time of the injury. 4 17 Sec. 9. Section 86.24, subsection 4, Code 2001, is amended 4 18 to read as follows: 4 19 4. A transcript of a contested case proceeding shall be 4 20 provided by an appealing party at the party's costand an4 21affidavit shall be filed by the appealing party or the party's4 22attorney with the workers' compensation commissioner within4 23ten days after the filing of the appeal to the workers'4 24compensation commissioner stating that the transcript has been4 25ordered and identifying the name and address of the reporter4 26or reporting firm from which the transcript has been ordered. 4 27 Sec. 10. Section 86.42, Code 2001, is amended to read as 4 28 follows: 4 29 86.42 JUDGMENT BY DISTRICT COURT ON AWARD. 4 30 Any party in interest may present acertifiedcopy of an 4 31 order or decision of the commissioner, from which a timely 4 32 petition for judicial review has not been filed or if judicial 4 33 review has been filed, which has not had execution or 4 34 enforcement stayed as provided in section 17A.19, subsection 4 35 5, or an order or decision of a deputy commissioner from which 5 1 a timely appeal has not been taken within the agency and which 5 2 has become final by the passage of time as provided by rule 5 3 and section 17A.15, or an agreement for settlement approved by 5 4 the commissioner, and all papers in connection therewith, to 5 5 the district court where judicial review of the agency action 5 6 may be commenced. The court shall render a decree or judgment 5 7 and cause the clerk to notify the parties. The decree or 5 8 judgment, in the absence of a petition for judicial review or 5 9 if judicial review has been commenced, in the absence of a 5 10 stay of execution or enforcement of the decision or order of 5 11 the workers' compensation commissioner, or in the absence of 5 12 an act of any party which prevents a decision of a deputy 5 13 workers' compensation commissioner from becoming final, has 5 14 the same effect and in all proceedings in relation thereto is 5 15 the same as though rendered in a suit duly heard and 5 16 determined by the court. 5 17 Sec. 11. Section 86.43, Code 2001, is amended to read as 5 18 follows: 5 19 86.43 JUDGMENT – MODIFICATION OF. 5 20 Upon the presentation to the court of acertifiedcopy of a 5 21 decision of the workers' compensation commissioner, ending, 5 22 diminishing, or increasing the compensation under the 5 23 provisions of this chapter, the court shall revoke or modify 5 24 the decree or judgment to conform to such decision. 5 25 Sec. 12. Section 86.44, Code 2001, is amended to read as 5 26 follows: 5 27 86.44 CONFIDENTIALITY. 5 28 1. All verbal or written information relating to the 5 29 subject matter of an agreement and transmitted between any 5 30 party to a dispute and a mediator to resolve a dispute 5 31 pursuant to this chapter or chapter 85, 85A, or 85B, during 5 32 any stage of a mediation or a dispute resolution process 5 33 conducted by a mediator as provided in this section, whether 5 34 reflected in notes, memoranda, or other work products in the 5 35 case files, is a confidential communication except as 6 1 otherwise expressly provided in this chapter. Mediators 6 2 involved in a mediation or a dispute resolution process shall 6 3 not be examined in any judicial or administrative proceeding 6 4 regarding confidential communications and are not subject to 6 5 judicial or administrative process requiring the disclosure of 6 6 confidential communications. 6 7 For purposes of thissectionsubsection, "mediator" means a 6 8 chief deputy workers' compensation commissioner or deputy 6 9 workers' compensation commissioner acting in the capacity to 6 10 resolve a dispute pursuant to this chapter or chapter 85, 85A, 6 11 or 85B, or an employee of the division of workers' 6 12 compensation involved during any stage of a process to resolve 6 13 a dispute. 6 14 2. a. Except as otherwise provided in this subsection, 6 15 all records filed with the division of workers' compensation 6 16 pursuant to section 85.26, 86.11, or 86.13, which contain or 6 17 permit the ascertainment of the identity of an injured 6 18 employee or the injured employee's dependent, shall be kept 6 19 confidential, unless otherwise ordered by a court. 6 20 b. A record described in paragraph "a" may be disclosed 6 21 under any of the following circumstances: 6 22 (1) The communication of facts or documents that are part 6 23 of an employee's medical record to the employee, employer, or 6 24 the employer's workers' compensation insurer pursuant to 6 25 section 85.27. The facts or documents that are part of the 6 26 employee's medical record shall be used exclusively for the 6 27 purposes of workers' compensation claims administration and 6 28 shall not be communicated to other persons. 6 29 (2) The use of records for the compilation of statistical 6 30 data after deletion of the identity of the employee. 6 31 (3) The dissemination of information to the division of 6 32 labor of the department of workforce development. 6 33 (4) The use of records by employees of the department of 6 34 workforce development in resolving workers' compensation 6 35 claims. 7 1 (5) The record described in paragraph "a" is part of the 7 2 record in a contested case proceeding in which a decision, 7 3 award, ruling, order, or settlement has been made or entered. 7 4 c. A person, who knowingly and willfully discloses, 7 5 disseminates, or communicates, or knowingly and willfully 7 6 attempts to disclose, disseminate, or communicate any record 7 7 described in paragraph "a" and not otherwise authorized to be 7 8 disclosed, shall be guilty of a simple misdemeanor if no other 7 9 penalty is provided by law. 7 10 EXPLANATION 7 11 This bill concerns the division of workers' compensation of 7 12 the department of workforce development as it relates to the 7 13 administration of the workers' compensation law. 7 14 Code section 85.44 is amended to provide that records filed 7 15 with the division of workers' compensation of the department 7 16 of workforce development which contain or permit the 7 17 ascertainment of the identity of an injured employee or an 7 18 injured employee's dependent shall be kept confidential as 7 19 provided in Code chapter 22 and not be disclosed except under 7 20 limited circumstances. The bill provides that an unauthorized 7 21 disclosure of a record shall be a simple misdemeanor if no 7 22 other penalty applies. 7 23 The bill also amends those provisions in Code chapter 85 to 7 24 provide that any weekly workers' compensation benefit payments 7 25 paid shall be rounded to the nearest dollar. 7 26 Code section 85.55 is amended to eliminate the ability of a 7 27 person who has a physical defect to enter into an agreement 7 28 with the person's employer to waive compensation for injuries 7 29 which may occur directly or indirectly as a result of the 7 30 defect. 7 31 Code section 86.24 is amended to eliminate the requirement 7 32 that a party or the party's attorney appealing a contested 7 33 case decision file an affidavit with the workers' compensation 7 34 commissioner stating that a transcript has been ordered. The 7 35 requirement that the appealing party provide a transcript of a 8 1 contested case proceeding is not eliminated. 8 2 Code sections 86.42 and 86.43 are amended to eliminate the 8 3 requirement that a copy of an order or decision of the 8 4 workers' compensation commissioner that is presented to 8 5 district court in order to obtain a judgment based upon that 8 6 order or decision has to be a certified copy. 8 7 LSB 5350DP 79 8 8 ec/cf/24.1
Text: HSB00593 Text: HSB00595 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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