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House Journal: Page 1023: Wednesday, March 27, 2002

26 work injury with the same employer and the employee
27 did not recover benefits pursuant to this chapter for
28 that preexisting functional loss or preexisting
29 industrial disability.
30 b. If an employee has received a benefit under
31 this chapter, chapter 85A, or chapter 85B, for a
32 previous injury to a portion of the body as described
33 in subsection 2, the employer shall not be liable for
34 the amount representing the applicable previous
35 payment with respect to claims for a permanent partial
36 disability resulting from subsequent injuries to the
37 same portion of the body. For purposes of this
38 paragraph, the applicable previous payment is the
39 percentage of disability that resulted from the
40 previous injury for which compensation was received
41 under this chapter, chapter 85A, or chapter 85B, or
42 the dollar amount received in a contested case
43 settlement under section 85.35 that was not paid by
44 the employee for medical care."
45 2. By renumbering as necessary.

The following amendments were deferred by unanimous consent:

Amendment H-8391 by T. Taylor of Linn.
Amendment H-8299 by Jochum of Dubuque.
Amendments H-8371 and H-8376 by Dotzler of Black Hawk.

Winckler of Scott offered the following amendment H-8354, to
amendment H-8299, filed by her and moved its adoption:

H-8354

1 Amend the amendment, H-8299, to Senate File 2190,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 5 through 44 and
5 inserting the following:
6 ""Sec. . Section 85.34, subsection 2, paragraph
7 u, unnumbered paragraph 1, Code 2001, is amended to
8 read as follows:
9 In all cases of permanent partial disability other
10 than those hereinabove described or referred to in
11 paragraphs "a" through "t" hereof, the compensation
12 shall be paid during the number of weeks in relation
13 to five hundred the life expectancy of the injured
14 employee in weeks as the disability bears to the body
15 of the injured employee as a whole. For purposes of
16 this paragraph, "life expectancy of the injured
17 employee" shall be determined pursuant to the life
18 expectancy table adopted by the workers' compensation


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