Text: S05146 Text: S05148 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2200 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Sec. . Section 85.34, subsection 2, paragraph 1 5 u, unnumbered paragraph 1, Code 2001, is amended to 1 6 read as follows: 1 7 In all cases of permanent partial disability other 1 8 than thosehereinabovedescribed or referred to in 1 9 paragraphs "a" through "t"hereof, the compensation 1 10 shall be paid during the number of weeks in relation 1 11 tofive hundredthe life expectancy of the injured 1 12 employee in weeks as the disability bears to the body 1 13 of the injured employee as a whole. For purposes of 1 14 this paragraph, "life expectancy of the injured 1 15 employee" shall be determined pursuant to the life 1 16 expectancy table adopted by the workers' compensation 1 17 division for use in commutation proceedings. 1 18 Sec. . Section 85.34, Code 2001, is amended by 1 19 adding the following new subsection: 1 20 NEW SUBSECTION. 7. PERMANENT PARTIAL DISABILITY 1 21 – REDUCTION FOR PREVIOUS BENEFIT PAYMENTS. 1 22 If an employee receives a personal injury for which 1 23 permanent partial disability benefits are payable, and 1 24 that employee has already received permanent partial 1 25 disability benefits as a result of a previous personal 1 26 injury, the extent of that employee's entitlement to 1 27 permanent partial disability benefits may be subject 1 28 to a reduction as follows: 1 29 a. If the employee was previously paid permanent 1 30 partial disability benefits for a functional 1 31 disability confined to a scheduled member pursuant to 1 32 subsection 2, paragraphs "a" through "t", and that 1 33 employee sustains a subsequent injury to the same 1 34 scheduled member, the extent of that employee's 1 35 entitlement to permanent partial disability benefits 1 36 may be reduced as a result of the previous payment if, 1 37 at the time of the employee's most recent injury, the 1 38 previous injury was still independently causing an 1 39 ascertainable percentage of functional disability. 1 40 b. If the employee was previously paid permanent 1 41 partial disability benefits for an industrial 1 42 disability pursuant to subsection 2, paragraph "u", 1 43 and that employee sustains a subsequent injury which 1 44 would entitle that employee to permanent partial 1 45 disability benefits pursuant to subsection 2, 1 46 paragraph "u", the extent of that employee's 1 47 entitlement to permanent partial disability benefits 1 48 may be reduced as a result of the previous payment if, 1 49 at the time of the employee's most recent injury, the 1 50 previous injury was still independently causing an 2 1 ascertainable percentage of industrial disability. 2 2 The reduction permitted by this paragraph shall not 2 3 exceed the percentage of industrial disability 2 4 previously paid which can be independently attributed 2 5 to the previous injury. 2 6 c. The employer shall have the burden of proving 2 7 any reduction permitted by this subsection." 2 8 #2. Title page, by striking lines 3 and 4 and 2 9 inserting the following: "partial disability." 2 10 #3. By renumbering as necessary. 2 11 2 12 2 13 2 14 THOMAS FIEGEN 2 15 2 16 2 17 SF 2200.302 79 2 18 ec/cf
Text: S05146 Text: S05148 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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