Text: SSB01066                          Text: SSB01068
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1067

Bill Text

PAG LIN
  1  1    Section 1.  Section 85.22, subsection 1, Code 2001, is
  1  2 amended to read as follows:
  1  3    1.  If compensation under this chapter is paid the to an
  1  4 employee, or an employee's dependent or the trustee of such an
  1  5 employee's dependent under this chapter, the employer by whom
  1  6 the same was paid, or the employer's insurer which paid it,
  1  7 the compensation shall be indemnified out of the recovery of
  1  8 damages to the extent of the payment so made compensation
  1  9 paid, with legal interest subject to the requirements of
  1 10 section 668.5, except for such attorney fees as may be
  1 11 allowed, by the district court, to the injured employee's
  1 12 attorney or the attorney of the employee's personal
  1 13 representative, and.  The employer or the employer's insurer
  1 14 shall have a lien on the claim for such recovery and the
  1 15 judgment thereon for the compensation paid for which the
  1 16 employer or insurer is liable any damages related to past
  1 17 medical and hospital expenses, future medical and hospital
  1 18 expenses, past loss of function of the body and future loss of
  1 19 function of the body.  The lien shall extend only to those
  1 20 payments actually awarded by the judge or jury for such
  1 21 damages, and shall be reduced by any percentage of fault
  1 22 assigned to the employee by the judge or jury.  In order to
  1 23 continue and preserve the lien, the employer or insurer shall,
  1 24 within thirty days after receiving notice of such suit from
  1 25 the employee, file notice of the lien, in the office of the
  1 26 clerk of the court where the action is brought, notice of the
  1 27 lien.  
  1 28                           EXPLANATION
  1 29    This bill amends Code section 85.22, subsection 1, of the
  1 30 workers' compensation law by limiting the indemnity rights of
  1 31 an employer or its insurer out of the recovery of damages from
  1 32 a third party.  The bill limits the employer's indemnity
  1 33 rights to damages related to past and future medical and
  1 34 hospital expenses, and past and future loss of function of the
  1 35 body.  The bill also limits the employer's indemnity rights to
  2  1 those damages actually awarded to an injured employee after
  2  2 the award is reduced by any percentage of fault assigned to
  2  3 the employee in accordance with Code section 668.5.  
  2  4 LSB 1901XC 79
  2  5 av/cls/14
     

Text: SSB01066                          Text: SSB01068
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

© 2001 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Feb 15 03:35:21 CST 2001
URL: /DOCS/GA/79GA/Legislation/SSB/01000/SSB01067/010130.html
jhf