Text: SSB01145 Text: SSB01147 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 43. Records relating to an injured 1 4 employee pursuant to section 86.45. 1 5 Sec. 2. Section 85.1A, Code 2001, is amended to read as 1 6 follows: 1 7 85.1A PROPRIETORS, LIMITED LIABILITY COMPANY MEMBERS, 1 8 LIMITED LIABILITY PARTNERS, AND PARTNERS. 1 9 A proprietor, limited liability company member, limited 1 10 liability partner, or partner who is actively engaged in the 1 11 proprietor's, limited liability company member's, limited 1 12 liability partner's, or partner's business on a substantially 1 13 full-time basis, may elect to be covered by the workers' 1 14 compensation law of this state by purchasing valid workers' 1 15 compensation insurance specifically including the proprietor, 1 16 limited liability company member, limited liability partner, 1 17 or partner. The election constitutes an assumption by the 1 18 employer of workers' compensation liability for the 1 19 proprietor, limited liability company member, limited 1 20 liability partner, or partner for the time period in which the 1 21 insurance contract is in force. The proprietor, limited 1 22 liability company member, limited liability partner, or 1 23 partner shall accept compensation in the manner provided by 1 24 the workers' compensation law and the employer is relieved 1 25 from any other liability for recovery of damages, or other 1 26 compensation for injury. 1 27 Sec. 3. Section 85.36, subsection 10, Code 2001, is 1 28 amended to read as follows: 1 29 10. If a wage, or method of calculating a wage, is used 1 30 for the basis of the payment of a workers' compensation 1 31 insurance premium for a proprietor, partner, limited liability 1 32 company member, limited liability partner, or officer of a 1 33 corporation, the wage or the method of calculating the wage is 1 34 determinative for purposes of computing the proprietor's, 1 35 partner's, limited liability company member's, limited 2 1 liability partner's, or officer's weekly workers' compensation 2 2 benefit rate. 2 3 Sec. 4. Section 85.61, subsection 11, unnumbered paragraph 2 4 1, Code 2001, is amended to read as follows: 2 5 "Worker" or "employee" means a person who has entered into 2 6 the employment of, or works under contract of service, express 2 7 or implied, or apprenticeship, for an employer; an executive 2 8 officer elected or appointed and empowered under and in 2 9 accordance with the charter and bylaws of a corporation, 2 10 including a person holding an official position, or standing 2 11 in a representative capacity of the employer; an official 2 12 elected or appointed by the state, or a county, school 2 13 district, area education agency, municipal corporation, or 2 14 city under any form of government; a member of the Iowa state 2 15 patrol; a conservation officer; and a proprietor, limited 2 16 liability company member, limited liability partner, or 2 17 partner who elects to be covered pursuant to section 85.1A, 2 18 except as specified in this chapter. 2 19 Sec. 5. Section 85.61, subsection 13, paragraph e, Code 2 20 2001, is amended to read as follows: 2 21 e. Proprietors, limited liability company members, limited 2 22 liability partners, and partners who have not elected to be 2 23 covered by the workers' compensation law of this state 2 24 pursuant to section 85.1A. 2 25 Sec. 6. Section 86.24, subsection 4, Code 2001, is amended 2 26 to read as follows: 2 27 4. A transcript of a contested case proceeding shall be 2 28 provided by an appealing party at the party's costand an2 29affidavit shall be filed by the appealing party or the party's2 30attorney with the workers' compensation commissioner within2 31ten days after the filing of the appeal to the workers'2 32compensation commissioner stating that the transcript has been2 33ordered and identifying the name and address of the reporter2 34or reporting firm from which the transcript has been ordered. 2 35 Sec. 7. Section 86.26, Code 2001, is amended to read as 3 1 follows: 3 2 86.26 JUDICIAL REVIEW. 3 3 Judicial review of decisions or orders of the workers' 3 4 compensation commissioner may be sought in accordance with 3 5 chapter 17A. Notwithstanding chapter 17A, the Iowa 3 6 administrative procedure Act, petitions for judicial review 3 7 may be filed in the district court of the county in which the 3 8 hearing under section 86.17 was held,andthe workers' 3 9 compensation commissioner shall transmit to the reviewing 3 10 court the original or a certified copy of the entire record of 3 11 the contested case which is the subject of the petition within 3 12 thirty days after receiving written notice from the party 3 13 filing the petition that a petition for judicial review has 3 14 been filed, and an application for stay of agency action 3 15 during the pendency of judicial review shall not be filed in 3 16 the division of workers' compensation of the department of 3 17 workforce development but shall be filed with the district 3 18 court. Such a review proceeding shall be accorded priority 3 19 over other matters pending before the district court. 3 20 Sec. 8. Section 86.42, Code 2001, is amended to read as 3 21 follows: 3 22 86.42 JUDGMENT BY DISTRICT COURT ON AWARD. 3 23 Any party in interest may present acertifiedcopy of an 3 24 order or decision of the commissioner, from which a timely 3 25 petition for judicial review has not been filed or if judicial 3 26 review has been filed, which has not had execution or 3 27 enforcement stayed as provided in section 17A.19, subsection 3 28 5, or an order or decision of a deputy commissioner from which 3 29 a timely appeal has not been taken within the agency and which 3 30 has become final by the passage of time as provided by rule 3 31 and section 17A.15, or an agreement for settlement approved by 3 32 the commissioner, and all papers in connection therewith, to 3 33 the district court where judicial review of the agency action 3 34 may be commenced. The court shall render a decree or judgment 3 35 and cause the clerk to notify the parties. The decree or 4 1 judgment, in the absence of a petition for judicial review or 4 2 if judicial review has been commenced, in the absence of a 4 3 stay of execution or enforcement of the decision or order of 4 4 the workers' compensation commissioner, or in the absence of 4 5 an act of any party which prevents a decision of a deputy 4 6 workers' compensation commissioner from becoming final, has 4 7 the same effect and in all proceedings in relation thereto is 4 8 the same as though rendered in a suit duly heard and 4 9 determined by the court. 4 10 Sec. 9. Section 86.43, Code 2001, is amended to read as 4 11 follows: 4 12 86.43 JUDGMENT – MODIFICATION OF. 4 13 Upon the presentation to the court of acertifiedcopy of a 4 14 decision of the workers' compensation commissioner, ending, 4 15 diminishing, or increasing the compensation under the 4 16 provisions of this chapter, the court shall revoke or modify 4 17 the decree or judgment to conform to such decision. 4 18 Sec. 10. NEW SECTION. 86.45 CONFIDENTIALITY OF RECORDS. 4 19 1. Except as provided in this section, all records filed 4 20 with the division of workers' compensation pursuant to section 4 21 85.26, 86.11, or 86.13, which contain or permit the 4 22 ascertainment of the identity of an injured employee or the 4 23 injured employee's dependent, shall be confidential and shall 4 24 not be subject to subpoena. 4 25 2. This section shall not prohibit any of the following: 4 26 a. The communication of facts or documents that are part 4 27 of an employee's medical record to the employee, employer, or 4 28 the employer's workers' compensation carrier pursuant to 4 29 section 85.27. The facts or documents that are part of the 4 30 employee's medical record shall be used exclusively for the 4 31 purposes of workers' compensation claims administration and 4 32 shall not be communicated to other persons. 4 33 b. The use of records for the compilation of statistical 4 34 data that does not disclose the identity of the employee. 4 35 c. The dissemination of information to the division of 5 1 labor of the department of workforce development. 5 2 d. The use of the records described in this section by 5 3 employees of the department of workforce development in 5 4 resolving workers' compensation claims. 5 5 e. The use of the records in a workers' compensation 5 6 contested case. The records shall be made available to 5 7 parties in a workers' compensation contested case. All of the 5 8 record and any decision, award, ruling, or order in a workers' 5 9 compensation contested case are public records and may be 5 10 compiled and disseminated. 5 11 Sec. 11. Section 627.13, Code 2001, is amended to read as 5 12 follows: 5 13 627.13 WORKERS' COMPENSATION. 5 14AnyNotwithstanding the provisions of section 554.9408, any 5 15 compensation due or that may become due an employee or 5 16 dependent under chapter 85, 85A, or 85B is exempt from 5 17 garnishment, attachment, execution, and assignment of income, 5 18 except for the purposes of enforcing child, spousal, or 5 19 medical support obligations. For the purposes of enforcing 5 20 child, spousal, or medical support obligations, an assignment 5 21 of income, garnishment or attachment of or the execution 5 22 against compensation due an employee under chapter 85, 85A, or 5 23 85B is not exempt but shall be limited as specified in 15 5 24 U.S.C. } 1673(b). 5 25 EXPLANATION 5 26 This bill amends Code section 22.7 and adds a new Code 5 27 section 86.45 to provide that information filed with the 5 28 division of workers' compensation which contains or permits 5 29 the ascertainment of the identity of an injured employee or 5 30 the injured employee's family is confidential, with some 5 31 enumerated exceptions. 5 32 The bill amends Code sections 85.1A, 85.36, and 85.61 to 5 33 specify that limited liability partnerships will be treated 5 34 the same as partnerships and limited liability companies for 5 35 purposes of the workers' compensation law. 6 1 The bill amends Code section 86.24 to eliminate the 6 2 requirement that a party or the party's attorney must file an 6 3 affidavit of ordering a transcript on appeal within the 6 4 division of workers' compensation. 6 5 The bill amends Code section 86.26 to create an exception 6 6 to Code section 17A.19, subsection 5, by providing that an 6 7 application for a stay of agency review shall be filed in the 6 8 district court, not in the division of workers' compensation. 6 9 The bill amends Code sections 86.42 and 86.43 to eliminate 6 10 the requirement that a party who wishes to enforce a workers' 6 11 compensation award initially made by the workers' compensation 6 12 division must present a certified copy of the order or 6 13 decision to the district court. 6 14 The bill amends Code section 627.13 to provide that the 6 15 section exempting workers' compensation benefits from 6 16 collection proceedings prevails over new Code section 6 17 554.9408, which is effective July 1, 2001. 6 18 LSB 1261DP 79 6 19 av/gg/8
Text: SSB01145 Text: SSB01147 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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