House Journal: Page 1035: Wednesday, March 27, 2002
14 subsequent injury to the same employee. An
15 overpayment can be established only when the
16 overpayment is recognized in a settlement agreement
17 approved under section 86.13, pursuant to final agency
18 action in a contested case which was commenced within
19 three years from the date that weekly benefits were
20 last paid for the claim for which the benefits were
21 overpaid, or pursuant to final agency action in a
22 contested case for a prior injury to the same
23 employee. The credit shall remain available for eight
24 years after the date the overpayment was established.
25 If an overpayment is established pursuant to this
26 subsection, the employee and employer may enter into a
27 written settlement agreement providing for the
28 repayment by the employee of the overpayment. The
29 agreement is subject to the approval of the workers'
30 compensation commissioner. The employer shall not
31 take any adverse action against the employee for
32 failing to agree to such a written settlement
33 agreement. However, an overpayment shall not be
34 created if an employee has been paid compensation for
35 either a functional loss or industrial disability from
36 an injury resulting in permanent partial disability
37 and who subsequently suffers an injury in which the
38 finding of functional loss or industrial disability is
39 less than the amount or percentage of the earlier
40 compensation paid."
Amendment H-8376 was adopted.
Dotzler of Black Hawk offered the following amendment H-8372, to
amendment H-8299, filed by him and moved its adoption:
H-8372
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 43 and 44 and
5 inserting the following: "settlement, disregarding
6 any dollars received in a contested case settlement
7 related to past or future medical benefits, interest,
8 temporary total disability benefits, healing period
9 benefits, penalty benefits, or any other dollars paid
10 for any consideration received by the injured worker
11 for anything other than permanent impairment
12 benefits."
Amendment H-8372 was adopted.
© 2002 Cornell College and
League of Women Voters of Iowa
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