House Journal: Page 1024: Wednesday, March 27, 2002
19 division for use in commutation proceedings.
20 Sec. . Section 85.34, Code 2001, is amended by
21 adding the following new subsection:
22 NEW SUBSECTION. 7. PERMANENT PARTIAL DISABILITY
23 - REDUCTION FOR PREVIOUS BENEFIT PAYMENTS. If an
24 employee receives a personal injury for which
25 permanent partial disability benefits are payable, and
26 that employee has already received permanent partial
27 disability benefits as a result of a previous personal
28 injury, the extent of that employee's entitlement to
29 permanent partial disability benefits may be subject
30 to a reduction as follows:
31 a. If the employee was previously paid permanent
32 partial disability benefits for a functional
33 disability confined to a scheduled member pursuant to
34 subsection 2, paragraphs "a" through "t", and that
35 employee sustains a subsequent injury to the same
36 scheduled member, the extent of that employee's
37 entitlement to permanent partial disability benefits
38 may be reduced as a result of the previous payment if,
39 at the time of the employee's most recent injury, the
40 previous injury was still independently causing an
41 ascertainable percentage of functional disability.
42 b. If the employee was previously paid permanent
43 partial disability benefits for an industrial
44 disability pursuant to subsection 2, paragraph "u",
45 and that employee sustains a subsequent injury which
46 would entitle that employee to permanent partial
47 disability benefits pursuant to subsection 2,
48 paragraph "u", the extent of that employee's
49 entitlement to permanent partial disability benefits
50 may be reduced as a result of the previous payment if,
Page 2
1 at the time of the employee's most recent injury, the
2 previous injury was still independently causing an
3 ascertainable percentage of industrial disability.
4 The reduction permitted by this paragraph shall not
5 exceed the percentage of industrial disability
6 previously paid which can be independently attributed
7 to the previous injury.
8 c. The employer shall have the burden of proving
9 any reduction permitted by this subsection.""
Jacobs of Polk asked and received unanimous consent that Senate
File 2190 be deferred and that the bill retain its place on the
unfinished business calendar. (Amendment H-8354 pending)
© 2002 Cornell College and
League of Women Voters of Iowa
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