Text: SSB03116 Text: SSB03118 Text: SSB03100 - SSB03199 Text: SSB 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 or a permanent total disability
1 5 which would otherwise be payable pursuant to this section
1 6 shall be reduced as provided in this 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", which
1 10 is medically quantifiable, the preexisting functional loss or
1 11 industrial disability shall be apportioned and the employer
1 12 shall not be liable for that preexisting loss or disability
1 13 with respect to claims for a permanent partial disability
1 14 resulting from subsequent injures which result in an increase
1 15 in the permanent impairment to the same member or an increase
1 16 in industrial disability with respect to any condition
1 17 affecting employability. However, the apportionment
1 18 authorized by this paragraph shall not apply if the
1 19 preexisting functional loss or preexisting industrial
1 20 disability was the product of a work injury with the same
1 21 employer and the employee did not recover benefits pursuant to
1 22 this chapter for that preexisting functional loss or
1 23 preexisting industrial disability.
1 24 b. If an employee has received a benefit under this
1 25 chapter, chapter 85A, or chapter 85B, for a previous injury to
1 26 a portion of the body as described in subsection 2, the
1 27 employer shall not be liable for the amount representing the
1 28 applicable previous payment with respect to claims for a
1 29 permanent partial disability or a permanent total disability
1 30 resulting from subsequent injuries to the same portion of the
1 31 body. For purposes of this paragraph, the applicable previous
1 32 payment is the percentage of disability that resulted from the
1 33 previous injury for which compensation was received under this
1 34 chapter, chapter 85A, or chapter 85B, or the dollar amount
1 35 received in a contested case settlement under section 85.35
2 1 that was not paid by the employee for medical care.
2 2 EXPLANATION
2 3 This bill provides that an employer's liability for
2 4 workers' compensation benefits for a permanent partial
2 5 disability shall be reduced to the extent that a portion of
2 6 the resulting disability preexisted the work-related injury,
2 7 and was not the product of a work-related injury with the same
2 8 employer, or has already been compensated for under workers'
2 9 compensation. In addition, the bill provides that an
2 10 employer's liability for a permanent total disability shall be
2 11 reduced to the extent that a portion of the resulting
2 12 disability has already been compensated for under workers'
2 13 compensation.
2 14 LSB 5623XC 79
2 15 ec/sh/8.1
Text: SSB03116 Text: SSB03118 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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