Text: S05382                            Text: S05384
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 5383

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 before line 7 the
  1  5 following:
  1  6    ""Sec.    .  Section 85.31, subsection 1,
  1  7 unnumbered paragraph 1, Code 2001, is amended to read
  1  8 as follows:
  1  9    When death results from the injury, the employer
  1 10 shall pay the dependents who were wholly dependent on
  1 11 the earnings of the employee for support at the time
  1 12 of the injury, during their lifetime, compensation
  1 13 upon the basis of eighty one hundred percent per week
  1 14 of the employee's average weekly spendable earnings,
  1 15 commencing from the date of death as follows:
  1 16    Sec.    .  Section 85.34, subsection 2, unnumbered
  1 17 paragraph 1, Code 2001, is amended to read as follows:
  1 18    Compensation for permanent partial disability shall
  1 19 begin at the termination of the healing period
  1 20 provided in subsection 1.  The compensation shall be
  1 21 in addition to the benefits provided by sections 85.27
  1 22 and 85.28.  The compensation shall be based upon the
  1 23 extent of the disability and upon the basis of eighty
  1 24 one hundred percent per week of the employee's average
  1 25 spendable weekly earnings, but not more than a weekly
  1 26 benefit amount, rounded to the nearest dollar, equal
  1 27 to one hundred eighty-four percent of the statewide
  1 28 average weekly wage paid employees as determined by
  1 29 the department of workforce development under section
  1 30 96.19, subsection 36, and in effect at the time of the
  1 31 injury.  The minimum weekly benefit amount shall be
  1 32 equal to the weekly benefit amount of a person whose
  1 33 gross weekly earnings are thirty-five percent of the
  1 34 statewide average weekly wage.  For all cases of
  1 35 permanent partial disability compensation shall be
  1 36 paid as follows:
  1 37    Sec.    .  Section 85.34, subsection 3, unnumbered
  1 38 paragraph 1, Code 2001, is amended to read as follows:
  1 39    Compensation for an injury causing permanent total
  1 40 disability shall be upon the basis of eighty one
  1 41 hundred percent per week of the employee's average
  1 42 spendable weekly earnings, but not more than a weekly
  1 43 benefit amount, rounded to the nearest dollar, equal
  1 44 to two hundred percent of the statewide average weekly
  1 45 wage paid employees as determined by the department of
  1 46 workforce development under section 96.19, subsection
  1 47 36, and in effect at the time of the injury.  The
  1 48 minimum weekly benefit amount is equal to the weekly
  1 49 benefit amount of a person whose gross weekly earnings
  1 50 are thirty-five percent of the statewide average
  2  1 weekly wage.  The weekly compensation is payable
  2  2 during the period of the employee's disability."
  2  3    #2.  Page 2, by inserting after line 43 the
  2  4 following:
  2  5    "Sec.    .  Section 85.37, Code 2001, is amended to
  2  6 read as follows:
  2  7    85.37  COMPENSATION SCHEDULE.
  2  8    If an employee receives a personal injury causing
  2  9 temporary total disability, or causing a permanent
  2 10 partial disability for which compensation is payable
  2 11 during a healing period, compensation for the
  2 12 temporary total disability or for the healing period
  2 13 shall be upon the basis provided in this section.  The
  2 14 weekly benefit amount payable to any employee for any
  2 15 one week shall be upon the basis of eighty one hundred
  2 16 percent of the employee's weekly spendable earnings,
  2 17 but shall not exceed an amount, rounded to the nearest
  2 18 dollar, equal to sixty-six and two-thirds percent of
  2 19 the statewide average weekly wage paid employees as
  2 20 determined by the department of workforce development
  2 21 under section 96.19, subsection 36, and in effect at
  2 22 the time of the injury.  However, as of July 1, 1975;
  2 23 July 1, 1977; July 1, 1979; and July 1, 1981, the
  2 24 maximum weekly benefit amount rounded to the nearest
  2 25 dollar shall be increased so that it equals one
  2 26 hundred percent, one hundred thirty-three and one-
  2 27 third percent, one hundred sixty-six and two-thirds
  2 28 percent, and two hundred percent, respectively, of the
  2 29 statewide average weekly wage as determined above.
  2 30 Total weekly compensation for any employee shall not
  2 31 exceed eighty one hundred percent per week of the
  2 32 employee's weekly spendable earnings.  The minimum
  2 33 weekly benefit amount shall be equal to the weekly
  2 34 benefit amount of a person whose gross weekly earnings
  2 35 are thirty-five percent of the statewide average
  2 36 weekly wage, or to the spendable weekly earnings of
  2 37 the employee, whichever are less.
  2 38    Such compensation shall be in addition to the
  2 39 benefits provided by sections 85.27 and 85.28.""
  2 40    #3.  By renumbering as necessary.  
  2 41 
  2 42 
  2 43                               
  2 44 DICK L. DEARDEN
  2 45 SF 2190.905 79
  2 46 ec/hk

Text: S05382                            Text: S05384
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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