Text: SF02199 Text: SF02201 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 85.34, Code 2001, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7. APPORTIONMENT. Compensation for a
1 4 permanent partial disability which would otherwise be payable
1 5 pursuant to this section shall be reduced as provided in this
1 6 subsection as follows:
1 7 a. If an employee has a preexisting functional loss under
1 8 subsection 2, paragraphs "a" through "t", or a preexisting
1 9 industrial disability under subsection 2, paragraph "u", the
1 10 preexisting functional loss or industrial disability shall be
1 11 apportioned and the employer shall not be liable for that
1 12 preexisting loss or disability with respect to claims for a
1 13 permanent partial disability resulting from subsequent
1 14 injuries which result in an increase in the permanent
1 15 impairment to the same member or an increase in industrial
1 16 disability with respect to any condition affecting
1 17 employability. However, the apportionment authorized by this
1 18 paragraph shall not apply if the preexisting functional loss
1 19 or preexisting industrial disability was the product of a work
1 20 injury with the same employer and the employee did not recover
1 21 benefits pursuant to this chapter for that preexisting
1 22 functional loss or preexisting industrial disability.
1 23 b. If an employee has received a benefit under this
1 24 chapter, chapter 85A, or chapter 85B, for a previous injury to
1 25 a portion of the body as described in subsection 2, the
1 26 employer shall not be liable for the amount representing the
1 27 applicable previous payment with respect to claims for a
1 28 permanent partial disability resulting from subsequent
1 29 injuries to the same portion of the body. For purposes of
1 30 this paragraph, the applicable previous payment is the
1 31 percentage of disability that resulted from the previous
1 32 injury for which compensation was received under this chapter,
1 33 chapter 85A, or chapter 85B, or the dollar amount received in
1 34 a contested case settlement under section 85.35 that was not
1 35 paid by the employee for medical care.
2 1 SF 2200
2 2 ec/cc/26
Text: SF02199 Text: SF02201 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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