Text: S05292                            Text: S05294
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 5293

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5272, to Senate File
  1  2 2190, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  Page 1, by inserting after line 6 the
  1  5 following:
  1  6    ""Sec.    .  Section 85.34, subsection 2, paragraph
  1  7 u, unnumbered paragraph 1, Code 2001, is amended to
  1  8 read as follows:
  1  9    In all cases of permanent partial disability other
  1 10 than those hereinabove described or referred to in
  1 11 paragraphs "a" through "t" hereof, the compensation
  1 12 shall be paid during the number of weeks in relation
  1 13 to five hundred the life expectancy of the injured
  1 14 employee in weeks as the disability bears to the body
  1 15 of the injured employee as a whole.  For purposes of
  1 16 this paragraph, "life expectancy of the injured
  1 17 employee" shall be determined pursuant to the life
  1 18 expectancy table adopted by the workers' compensation
  1 19 division for use in commutation proceedings."
  1 20    #2.  By striking page 1, line 42, through page 2,
  1 21 line 43, and inserting the following:
  1 22    "Sec.    .  Section 85.34, Code 2001, is amended by
  1 23 adding the following new subsection:
  1 24    NEW SUBSECTION.  7.  PERMANENT PARTIAL DISABILITY
  1 25 – REDUCTION FOR PREVIOUS BENEFIT PAYMENTS.  If an
  1 26 employee receives a personal injury for which
  1 27 permanent partial disability benefits are payable, and
  1 28 that employee has already received permanent partial
  1 29 disability benefits as a result of a previous personal
  1 30 injury, the extent of that employee's entitlement to
  1 31 permanent partial disability benefits may be subject
  1 32 to a reduction as follows:
  1 33    a.  If the employee was previously paid permanent
  1 34 partial disability benefits for a functional
  1 35 disability confined to a scheduled member pursuant to
  1 36 subsection 2, paragraphs "a" through "t", and that
  1 37 employee sustains a subsequent injury to the same
  1 38 scheduled member, the extent of that employee's
  1 39 entitlement to permanent partial disability benefits
  1 40 may be reduced as a result of the previous payment if,
  1 41 at the time of the employee's most recent injury, the
  1 42 previous injury was still independently causing an
  1 43 ascertainable percentage of functional disability.
  1 44    b.  If the employee was previously paid permanent
  1 45 partial disability benefits for an industrial
  1 46 disability pursuant to subsection 2, paragraph "u",
  1 47 and that employee sustains a subsequent injury which
  1 48 would entitle that employee to permanent partial
  1 49 disability benefits pursuant to subsection 2,
  1 50 paragraph "u", the extent of that employee's
  2  1 entitlement to permanent partial disability benefits
  2  2 may be reduced as a result of the previous payment if,
  2  3 at the time of the employee's most recent injury, the
  2  4 previous injury was still independently causing an
  2  5 ascertainable percentage of industrial disability.
  2  6 The reduction permitted by this paragraph shall not
  2  7 exceed the percentage of industrial disability
  2  8 previously paid which can be independently attributed
  2  9 to the previous injury.
  2 10    c.  The employer shall have the burden of proving
  2 11 any reduction permitted by this subsection.""
  2 12    #3.  By renumbering as necessary.  
  2 13 
  2 14 
  2 15                               
  2 16 THOMAS FIEGEN 
  2 17 JACK HOLVECK 
  2 18 ROBERT E. DVORSKY 
  2 19 BETTY A. SOUKUP 
  2 20 MIKE CONNOLLY 
  2 21 JOE BOLKCOM 
  2 22 AMANDA RAGAN 
  2 23 MARK SHEARER 
  2 24 WALLY E. HORN 
  2 25 JOHN P. KIBBIE 
  2 26 PATRICIA HARPER 
  2 27 BILL FINK 
  2 28 JOHNIE HAMMOND 
  2 29 DENNIS H. BLACK 
  2 30 TOM FLYNN 
  2 31 DICK L. DEARDEN 
  2 32 EUGENE S. FRAISE 
  2 33 MICHAEL E. GRONSTAL 
  2 34 MATT McCOY 
  2 35 SF 2190.214 79
  2 36 ec/sh
     

Text: S05292                            Text: S05294
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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