Text: S05271 Text: S05273 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2190, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. By striking page 1, line 5, through page 2,
1 4 line 5.
1 5 #2. Page 2, by inserting after line 29 the
1 6 following:
1 7 "Sec. . Section 85.34, subsection 5, Code 2001,
1 8 is amended to read as follows:
1 9 5. Recovery of employee overpayment. If an
1 10 employee is paid any weekly benefits in excess of that
1 11 required by this chapter and chapters 85A, 85B, and
1 12 86, the excess paid by the employer shall be credited
1 13 against the liability of the employer for any future
1 14 weekly benefits due pursuant to subsection 2, for a
1 15 subsequent injury to the same employee. An
1 16 overpayment can be established only when the
1 17 overpayment is recognized in a settlement agreement
1 18 approved under section 86.13, pursuant to final agency
1 19 action in a contested case which was commenced within
1 20 three years from the date that weekly benefits were
1 21 last paid for the claim for which the benefits were
1 22 overpaid, or pursuant to final agency action in a
1 23 contested case for a prior injury to the same
1 24 employee. The credit shall remain available for eight
1 25 years after the date the overpayment was established.
1 26 If an overpayment is established pursuant to this
1 27 subsection, the employee and employer may enter into a
1 28 written settlement agreement providing for the
1 29 repayment by the employee of the overpayment. The
1 30 agreement is subject to the approval of the workers'
1 31 compensation commissioner. The employer shall not
1 32 take any adverse action against the employee for
1 33 failing to agree to such a written settlement
1 34 agreement. However, an overpayment shall not be
1 35 created if an employee has been paid compensation for
1 36 either a functional loss or industrial disability from
1 37 an injury resulting in permanent partial disability
1 38 and who subsequently suffers an injury in which the
1 39 finding of functional loss or industrial disability is
1 40 less than the amount or percentage of the earlier
1 41 compensation paid.
1 42 Sec. . Section 85.34, Code 2001, is amended by
1 43 adding the following new subsection:
1 44 NEW SUBSECTION. 7. APPORTIONMENT. Compensation
1 45 for a permanent partial disability which would
1 46 otherwise be payable pursuant to this section shall be
1 47 reduced as provided in this subsection as follows:
1 48 a. If an employee has a preexisting functional
1 49 loss under subsection 2, paragraphs "a" through "t",
1 50 or a preexisting industrial disability under
2 1 subsection 2, paragraph "u", the preexisting
2 2 functional loss or industrial disability shall be
2 3 apportioned and the employer shall not be liable for
2 4 that preexisting loss or disability with respect to
2 5 claims for a permanent partial disability resulting
2 6 from subsequent injuries which result in an increase
2 7 in the permanent impairment to the same member or an
2 8 increase in industrial disability with respect to any
2 9 condition affecting employability. However, the
2 10 apportionment authorized by this paragraph shall not
2 11 apply if the preexisting functional loss or
2 12 preexisting industrial disability was the product of a
2 13 work injury with the same employer and the employee
2 14 did not recover benefits pursuant to this chapter for
2 15 that preexisting functional loss or preexisting
2 16 industrial disability, or if the preexisting
2 17 functional loss or preexisting industrial disability
2 18 resulted from any physical or mental injury sustained
2 19 by the employee while in the service of the armed
2 20 forces of this country, or if the preexisting
2 21 functional loss or preexisting industrial disability
2 22 resulted from a congenital defect or condition which
2 23 manifested itself and was apparent at birth.
2 24 b. If an employee has received a benefit under
2 25 this chapter, chapter 85A, or chapter 85B, for a
2 26 previous injury to a portion of the body as described
2 27 in subsection 2, the employer shall not be liable for
2 28 the amount representing the applicable previous
2 29 payment with respect to claims for a permanent partial
2 30 disability resulting from subsequent injuries to the
2 31 same portion of the body. For purposes of this
2 32 paragraph, the applicable previous payment is the
2 33 percentage of disability that resulted from the
2 34 previous injury for which compensation was received
2 35 under this chapter, chapter 85A, or chapter 85B, or
2 36 the dollar amount received in a contested case
2 37 settlement, disregarding any dollars received in a
2 38 contested case settlement related to past or future
2 39 medical benefits, interest, temporary total disability
2 40 benefits, healing period benefits, penalty benefits,
2 41 or any other dollars paid for any consideration
2 42 received by the injured worker for anything other than
2 43 permanent impairment benefits."
2 44 #3. By striking page 2, line 30, through page 3,
2 45 line 6.
2 46 #4. Page 4, line 20, by inserting after the word
2 47 "agency" the following: ", or an advisory, rating, or
2 48 research organization,".
2 49 #5. Page 4, line 21, by inserting after the word
2 50 "data" the following: ", evaluating the state's
3 1 workers' compensation system, or conducting
3 2 scientific, medical, or public policy research,".
3 3 #6. By renumbering, relettering, or redesignating
3 4 and correcting internal references as necessary.
3 5 SF 2190H
3 6 ec/es/25
Text: S05271 Text: S05273 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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