Text: SF02189 Text: SF02191 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2190 1 2 1 3 AN ACT 1 4 CONCERNING WORKERS' COMPENSATION. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 22.7, Code Supplement 2001, is amended 1 9 by adding the following new subsection: 1 10 NEW SUBSECTION. 43. Confidential information relating to 1 11 an injured employee as provided in section 86.45. 1 12 Sec. 2. Section 85.27, subsection 7, Code Supplement 2001, 1 13 is amended to read as follows: 1 14 7. If, after the third day of incapacity to work following 1 15 the date of sustaining a compensable injury which does not 1 16 result in permanent partial disability, or if, at any time 1 17 after sustaining a compensable injury which results in 1 18 permanent partial disability, an employee, who is not 1 19 receiving weekly benefits under section 85.33 or section 1 20 85.34, subsection 1, returns to work and is required to leave 1 21 work for one full day or less to receive services pursuant to 1 22 this section, the employee shall be paid an amount equivalent 1 23 to the wages lost at the employee's regular rate of pay for 1 24 the time the employee is required to leave work. For the 1 25 purposes of this subsection, "day of incapacity to work" means 1 26 eight hours of accumulated absence from work due to incapacity 1 27 to work or due to the receipt of services pursuant to this 1 28 section. The employer shall make the payments under this 1 29 subsection as wages to the employee after making such 1 30 deductions from the amount as legally required or customarily 1 31 made by the employer from wages. Payments made under this 1 32 subsection shall be required to be reimbursed pursuant to any 1 33 insurance policy covering workers' compensation. Payments 1 34 under this subsection shall not be construed to be payment of 1 35 weekly benefits. 2 1 Sec. 3. Section 85.34, subsection 5, Code 2001, is amended 2 2 to read as follows: 2 3 5. RECOVERY OF EMPLOYEE OVERPAYMENT. If an employee is 2 4 paid any weekly benefits in excess of that required by this 2 5 chapter and chapters 85A, 85B, and 86, the excess paid by the 2 6 employer shall be credited against the liability of the 2 7 employer for any future weekly benefits due pursuant to 2 8 subsection 2, for a subsequent injury to the same employee. 2 9 An overpayment can be established only when the overpayment is 2 10 recognized in a settlement agreement approved under section 2 11 86.13, pursuant to final agency action in a contested case 2 12 which was commenced within three years from the date that 2 13 weekly benefits were last paid for the claim for which the 2 14 benefits were overpaid, or pursuant to final agency action in 2 15 a contested case for a prior injury to the same employee. The 2 16 credit shall remain available for eight years after the date 2 17 the overpayment was established. If an overpayment is 2 18 established pursuant to this subsection, the employee and 2 19 employer may enter into a written settlement agreement 2 20 providing for the repayment by the employee of the 2 21 overpayment. The agreement is subject to the approval of the 2 22 workers' compensation commissioner. The employer shall not 2 23 take any adverse action against the employee for failing to 2 24 agree to such a written settlement agreement. However, an 2 25 overpayment shall not be created if an employee has been paid 2 26 compensation for either a functional loss or industrial 2 27 disability from an injury resulting in permanent partial 2 28 disability and who subsequently suffers an injury in which the 2 29 finding of functional loss or industrial disability is less 2 30 than the amount or percentage of the earlier compensation 2 31 paid. 2 32 Sec. 4. Section 85.34, Code 2001, is amended by adding the 2 33 following new subsection: 2 34 NEW SUBSECTION. 7. APPORTIONMENT. Compensation for a 2 35 permanent partial disability which would otherwise be payable 3 1 pursuant to this section shall be reduced as provided in this 3 2 subsection as follows: 3 3 a. If an employee has a preexisting functional loss under 3 4 subsection 2, paragraphs "a" through "t", or a preexisting 3 5 industrial disability under subsection 2, paragraph "u", the 3 6 preexisting functional loss or industrial disability shall be 3 7 apportioned and the employer shall not be liable for that 3 8 preexisting loss or disability with respect to claims for a 3 9 permanent partial disability resulting from subsequent 3 10 injuries which result in an increase in the permanent 3 11 impairment to the same member or an increase in industrial 3 12 disability with respect to any condition affecting 3 13 employability. However, the apportionment authorized by this 3 14 paragraph shall not apply if the preexisting functional loss 3 15 or preexisting industrial disability was the product of a work 3 16 injury with the same employer and the employee did not recover 3 17 benefits pursuant to this chapter for that preexisting 3 18 functional loss or preexisting industrial disability, or if 3 19 the preexisting functional loss or preexisting industrial 3 20 disability resulted from any physical or mental injury 3 21 sustained by the employee while in the service of the armed 3 22 forces of this country, or if the preexisting functional loss 3 23 or preexisting industrial disability resulted from a 3 24 congenital defect or condition which manifested itself and was 3 25 apparent at birth. 3 26 b. If an employee has received a benefit under this 3 27 chapter, chapter 85A, or chapter 85B, for a previous injury to 3 28 a portion of the body as described in subsection 2, the 3 29 employer shall not be liable for the amount representing the 3 30 applicable previous payment with respect to claims for a 3 31 permanent partial disability resulting from subsequent 3 32 injuries to the same portion of the body. For purposes of 3 33 this paragraph, the applicable previous payment is the 3 34 percentage of disability that resulted from the previous 3 35 injury for which compensation was received under this chapter, 4 1 chapter 85A, or chapter 85B, or the dollar amount received in 4 2 a contested case settlement, disregarding any dollars received 4 3 in a contested case settlement related to past or future 4 4 medical benefits, interest, temporary total disability 4 5 benefits, healing period benefits, penalty benefits, or any 4 6 other dollars paid for any consideration received by the 4 7 injured worker for anything other than permanent impairment 4 8 benefits. 4 9 Sec. 5. Section 86.42, Code 2001, is amended to read as 4 10 follows: 4 11 86.42 JUDGMENT BY DISTRICT COURT ON AWARD. 4 12 Any party in interest may present acertifiedcopy of an 4 13 order or decision of the commissioner, from which a timely 4 14 petition for judicial review has not been filed or if judicial 4 15 review has been filed, which has not had execution or 4 16 enforcement stayed as provided in section 17A.19, subsection 4 17 5, or an order or decision of a deputy commissioner from which 4 18 a timely appeal has not been taken within the agency and which 4 19 has become final by the passage of time as provided by rule 4 20 and section 17A.15, or an agreement for settlement approved by 4 21 the commissioner, and all papers in connection therewith, to 4 22 the district court where judicial review of the agency action 4 23 may be commenced. The court shall render a decree or judgment 4 24 and cause the clerk to notify the parties. The decree or 4 25 judgment, in the absence of a petition for judicial review or 4 26 if judicial review has been commenced, in the absence of a 4 27 stay of execution or enforcement of the decision or order of 4 28 the workers' compensation commissioner, or in the absence of 4 29 an act of any party which prevents a decision of a deputy 4 30 workers' compensation commissioner from becoming final, has 4 31 the same effect and in all proceedings in relation thereto is 4 32 the same as though rendered in a suit duly heard and 4 33 determined by the court. 4 34 Sec. 6. Section 86.43, Code 2001, is amended to read as 4 35 follows: 5 1 86.43 JUDGMENT – MODIFICATION OF. 5 2 Upon the presentation to the court of acertifiedcopy of a 5 3 decision of the workers' compensation commissioner, ending, 5 4 diminishing, or increasing the compensation under the 5 5 provisions of this chapter, the court shall revoke or modify 5 6 the decree or judgment to conform to such decision. 5 7 Sec. 7. NEW SECTION. 86.45 CONFIDENTIAL INFORMATION. 5 8 1. For purposes of this section, "confidential 5 9 information" means all information filed with the workers' 5 10 compensation commissioner as a result of an individual's 5 11 injury or death that would allow the identification of an 5 12 injured employee or that employee's dependents. "Confidential 5 13 information" includes first reports of injury and claim 5 14 activity reports. Pleadings, motions, orders, decisions, 5 15 opinions, and applications for approval of settlements are not 5 16 confidential information. 5 17 2. The workers' compensation commissioner shall not 5 18 disclose confidential information except under any of the 5 19 following circumstances: 5 20 a. Pursuant to the terms of a written waiver of 5 21 confidentiality. 5 22 b. To another governmental agency, or an advisory, rating, 5 23 or research organization, for the purpose of compiling 5 24 statistical data, evaluating the state's workers' compensation 5 25 system, or conducting scientific, medical, or public policy 5 26 research, that will not disclose the identity of the injured 5 27 employee or that employee's dependents. 5 28 c. To the individual, or the individual's agent or 5 29 attorney, whose information is contained in the reports and 5 30 records. 5 31 d. To the person, entity, or agent who submitted the 5 32 reports, records, or information. 5 33 e. To the agents, attorneys, investigators, consultants, 5 34 and adjusters for an employer, insurance carrier, or third- 5 35 party administrator of workers' compensation claims who are 6 1 involved in administering a claim for benefits made with 6 2 respect to injury or the death of the individual. 6 3 f. To all parties in a contested case proceeding before 6 4 the workers' compensation commissioner in which the injured 6 5 employee or the injured employee's representative or dependent 6 6 is a party. 6 7 g. In compliance with a subpoena. 6 8 h. To attorneys, investigators, agents, or adjusters on 6 9 behalf of an employee, employer, insurance carrier, or third- 6 10 party administrator in connection with an insurance claim. 6 11 6 12 6 13 6 14 MARY E. KRAMER 6 15 President of the Senate 6 16 6 17 6 18 6 19 BRENT SIEGRIST 6 20 Speaker of the House 6 21 6 22 I hereby certify that this bill originated in the Senate and 6 23 is known as Senate File 2190, Seventy-ninth General Assembly. 6 24 6 25 6 26 6 27 MICHAEL E. MARSHALL 6 28 Secretary of the Senate 6 29 Approved , 2002 6 30 6 31 6 32 6 33 THOMAS J. VILSACK 6 34 Governor
Text: SF02189 Text: SF02191 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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