Absent or not voting, 3:
| Brauns | Cormack | Teig |
The motion to suspend the rules lost.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8444, to amendment H-8299, filed by her
from the floor.
Speaker pro tempore Sukup in the chair at 5:06 p.m.
T. Taylor of Linn offered the following amendment H-8391, to
amendment H-8299, previously deferred, filed by him and moved its
adoption:
H-8391
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 inserting after line 2 the
5 following:
6 " . Page 1, by inserting after line 4 the
7 following:
8 "Sec. . Section 85.26, subsection 2, Code 2001,
9 is amended by striking the subsection and inserting in
10 lieu thereof the following:
11 2. If an award for payment of benefits under
12 chapter 85, 85A, or 85B has been filed by the workers'
13 compensation commissioner, and not commuted, or if an
14 agreement for settlement pursuant to section 86.13 has
15 been filed with and approved by the commissioner and
16 not commuted, or if within six months of the
17 commencement of any kind of disability benefits a
18 denial of liability has not been filed with the
19 commissioner and notice of the denial delineating the
20 grounds of denial has not been mailed to the employee
21 in the form and manner required by the commissioner,
22 the amount of benefits due by an employer to an
23 employee may be reviewed at any time upon commencement
24 of reopening proceedings by the employer.""
25 2. By renumbering as necessary.
Amendment H-8391 lost.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8392, to amendment H-8299, previously
deferred, filed by her on March 20, 2002.
Dotzler of Black Hawk offered the following amendment H-8371, to
amendment H-8299, previously deferred, filed by him and moved its
adoption:
H-8371
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 inserting after line 4 the
5 following:
6 "Sec. . Section 85.33, subsection 2, Code 2001,
7 is amended by striking the subsection and inserting in
8 lieu thereof the following:
9 2. "Temporary partial disability" or "temporarily,
10 partially disabled" means the condition of an employee
11 which, as the result of care or treatment of a
12 personal injury arising out of and in the course of
13 employment, the actual gross weekly earnings of the
14 employee is less than the weekly earnings computed in
15 accordance with section 85.36."
16 2. By renumbering as necessary.
Amendment H-8371 lost.
Dotzler of Black Hawk offered the following amendment H-8376, to
amendment H-8299, filed by him and moved its adoption:
H-8376
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 inserting after line 4 the
5 following:
6 ""Sec. . Section 85.34, subsection 5, Code
7 2001, is amended to read as follows:
8 5. Recovery of employee overpayment. If an
9 employee is paid any weekly benefits in excess of that
10 required by this chapter and chapters 85A, 85B, and
11 86, the excess paid by the employer shall be credited
12 against the liability of the employer for any future
13 weekly benefits due pursuant to subsection 2, for a
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.
Dotzler of Black Hawk rose on a point of order that amendment
H-8299, as amended, was not germane.
The Speaker ruled the point not well taken and amendment
H-8299, as amended, germane.
Horbach of Tama moved the adoption of amendment H-8299, as
amended.
Roll call was requested by Winckler of Scott and Chiodo of Polk.
On the question "Shall amendment H-8299, as amended, be
adopted?" (S.F. 2190)
The ayes were, 54:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Brauns |
| Broers | Brunkhorst | Carroll | De Boef |
| Dix | Dolecheck | Drake | Eddie |
| Eichhorn | Elgin | Finch | Ford |
| Gipp | Grundberg | Hahn | Hansen |
| Heaton | Hoffman | Horbach | Hoversten |
| Huseman | Jacobs | Jenkins | Johnson |
| Jones | Kettering | Klemme | Larson |
| Manternach | Metcalf | Millage | Raecker |
| Rants | Rayhons | Rekow | Roberts |
| Shey | Shoultz | Siegrist, Spkr. | Sievers |
| Tymeson | Tyrrell | Van Fossen | Weidman |
| Wilderdyke | Sukup, | ||
| Presiding | |||
The nays were, 42:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Dotzler | Fallon |
| Foege | Frevert | Greimann | Hatch |
| Huser | Jochum | Kreiman | Kuhn |
| Larkin | Lensing | Mascher | May |
| Mertz | Murphy | Myers | O'Brien |
| Osterhaus | Petersen | Quirk | Reeder |
| Reynolds | Richardson | Scherrman | Schrader |
| Seng | Smith | Stevens | Taylor, D. |
| Taylor, T. | Tremmel | Warnstadt | Winckler |
| Wise | Witt | ||
Absent or not voting, 4:
| Cormack | Garman | Teig | Van Engelenhoven |
Amendment H-8299, as amended, was adopted.
Dotzler of Black Hawk asked and received unanimous consent that
amendment H-8343 be deferred.
Reeder of Fayette asked and received unanimous consent to
withdraw amendment H-8344 filed by her on March 19, 2002.
T. Taylor of Linn offered the following amendment H-8345 filed by
him and moved its adoption:
H-8345
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.36, unnumbered paragraph 1,
6 Code Supplement 2001, is amended to read as follows:
7 The basis of compensation shall be the weekly
8 earnings of the injured employee at the time of the
9 injury. "Weekly earnings" means gross earnings as
10 defined in section 85.61. "Weekly earnings " also
11 means gross salary, wages, or earnings of an employee
12 to which such employee would have been entitled had
13 the employee worked the customary hours for the full
14 pay period in which the employee was injured, as
15 regularly required by the employee's employer for the
16 work or employment for which the employee was
17 employed, computed or determined as follows and then
18 rounded to the nearest dollar:"
19 2. Page 3, by inserting after line 6 the
20 following:
21 "Sec. . Section 85.61, subsection 3, Code
22 Supplement 2001, is amended to read as follows:
23 3. "Gross earnings" means recurring payments by
24 employer to the employee for employment, before any
25 authorized or lawfully required deduction or
26 withholding of funds by the employer, excluding
27 irregular bonuses, retroactive pay, overtime, and
28 penalty pay,
29
30
31 representing payments in kind, such as fringe
32 benefits."
33 3. By renumbering as necessary.
Amendment H-8345 lost.
Dotzler of Black Hawk offered the following amendment H-8351
filed by him and moved its adoption:
H-8351
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29, the
4 following:
5 "Sec. . Section 85.33, subsection 4, Code 2001,
6 is amended to read as follows:
7 4. If an employee is entitled to temporary partial
8 benefits under subsection 3 of this section, the
9 employer for whom the employee was working at the time
10 of injury shall pay to the employee weekly
11 compensation benefits, as provided in section 85.32,
12 for and during the period of temporary partial
13 disability. The temporary partial benefit shall be
14 sixty-six and two-thirds percent of the difference
15 between the employee's weekly earnings at the time of
16 injury, computed in compliance with section 85.36, and
17 the employee's actual gross weekly income from
18 employment during the period of temporary partial
19 disability.
20
21
22
23
24 However, the weekly compensation benefits shall not
25 exceed the payments to which the employee would be
26 entitled under section 85.36 or section 85.37, or
27 under subsection 1 of this section."
28 2. By renumbering as necessary.
Amendment H-8351 lost.
Dotzler of Black Hawk offered the following amendment H-8352
filed by him and moved its adoption:
H-8352
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.36, unnumbered paragraph 1,
6 Code Supplement 2001, is amended to read as follows:
7 The basis of compensation shall be the weekly
8 earnings of the injured employee at the time of the
9 injury. "Weekly earnings" means gross earnings as
10 defined in section 85.61. "Weekly earnings " also
11 means gross salary, wages, or earnings of an employee
12 to which such employee would have been entitled had
13 the employee worked the customary hours for the full
14 pay period in which the employee was injured, as
15 regularly required by the employee's employer for the
16 work or employment for which the employee was
17 employed, computed or determined as follows and then
18 rounded to the nearest dollar:"
19 2. Page 3, by inserting after line 6 the
20 following:
21 "Sec. . Section 85.61, subsection 3, Code
22 Supplement 2001, is amended to read as follows:
23 3. "Gross earnings" means recurring payments by
24 employer to the employee for employment, before any
25 authorized or lawfully required deduction or
26 withholding of funds by the employer, excluding
27
28 pay, reimbursement of expenses, expense allowances,
29 and the employer's contribution for welfare benefits,
30 and specifically including all bonuses of any kind."
31 3. By renumbering as necessary.
Amendment H-8352 lost.
Dotzler of Black Hawk offered the following amendment H-8356
filed by him and moved its adoption:
H-8356
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.37, Code 2001, is amended by
6 adding the following new unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. The workers'
8 compensation commissioner shall adopt rules providing
9 for an annual adjustment from the date of injury of
10 the weekly benefit amount in accordance with a
11 generally recognized cost-of-living standard."
12 2. By renumbering as necessary.
Amendment H-8356 lost.
Connors of Polk offered the following amendment H-8359 filed by
him and moved its adoption:
H-8359
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.34, Code 2001, is amended by
6 adding the following new subsection:
7 NEW SUBSECTION. 7. REINSTATEMENT TO WORK. An
8 employee who has suffered an injury which is
9 compensable under this chapter or chapter 85A shall
10 not have the employee's employment terminated by the
11 employee's employer as a result of the injury. If an
12 employee suffers a permanent partial disability under
13 this chapter or chapter 85A, the employer shall return
14 the employee to work performing duties that shall be
15 consistent with any restrictions on the employee as a
16 result of the disability."
17 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 37, nays 53.
Amendment H-8359 lost.
Dotzler of Black Hawk offered the following amendment H-8360
filed by him and moved its adoption:
H-8360
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.36, subsections 6 and 7,
6 Code Supplement 2001, are amended to read as follows:
7 6. In the case of an employee who is paid on a
8 daily or hourly basis, or by the output of the
9 employee, the weekly earnings shall be computed by
10 dividing by thirteen the earnings,
11
12 employ of the employer in the last completed period of
13 thirteen consecutive calendar weeks immediately
14 preceding the injury. If the employee was absent from
15 employment for reasons personal to the employee during
16 part of the thirteen calendar weeks preceding the
17 injury, the employee's weekly earnings shall be the
18 amount the employee would have earned had the employee
19 worked when work was available to other employees of
20 the employer in a similar occupation. A week which
21 does not fairly reflect the employee's customary
22 earnings shall be replaced by the closest previous
23 week with earnings that fairly represent the
24 employee's customary earnings.
25 7. In the case of an employee who has been in the
26 employ of the employer less than thirteen calendar
27 weeks immediately preceding the injury, the employee's
28 weekly earnings shall be computed under subsection 6,
29 taking the earnings,
30
31 would have earned had the employee been so employed by
32 the employer the full thirteen calendar weeks
33 immediately preceding the injury and had worked, when
34 work was available to other employees in a similar
35 occupation. If the earnings of other employees cannot
36 be determined, the employee's weekly earnings shall be
37 the average computed for the number of weeks the
38 employee has been in the employ of the employer."
39 2. Page 3, by inserting after line 6 the
40 following:
41 "Sec. . Section 85.61, subsection 3, Code
42 Supplement 2001, is amended to read as follows:
43 3. "Gross earnings" means recurring payments by
44 employer to the employee for employment, before any
45 authorized or lawfully required deduction or
46 withholding of funds by the employer, excluding
47 irregular bonuses, retroactive pay,
48 pay, reimbursement of expenses, expense allowances,
49 and the employer's contribution for welfare benefits,
50 and specifically including overtime pay at the
Page 2
1 overtime rate."
2 3. By renumbering as necessary.
Amendment H-8360 lost.
Dotzler of Black Hawk offered the following amendment H-8361
filed by him and moved its adoption:
H-8361
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.34, subsection 2, Code 2001,
6 is amended by striking the subsection and inserting in
7 lieu thereof the following:
8 2. PERMANENT PARTIAL DISABILITIES. Compensation
9 for permanent partial disability shall begin at the
10 termination of the healing period provided in
11 subsection 1. The compensation shall be in addition
12 to the benefits provided by sections 85.27 and 85.28.
13 The compensation shall be based upon the extent of the
14 disability and upon the basis of eighty percent per
15 week of the employee's average spendable weekly
16 earnings, but not more than a weekly benefit amount,
17 rounded to the nearest dollar, equal to one hundred
18 eighty-four percent of the statewide average weekly
19 wage paid employees as determined by the department of
20 workforce development under section 96.19, subsection
21 36, and in effect at the time of the injury. The
22 minimum weekly benefit amount shall be equal to the
23 weekly benefit amount of a person whose gross weekly
24 earnings are thirty-five percent of the statewide
25 average weekly wage. For all cases of permanent
26 partial disability compensation shall be paid based
27 upon the extent of permanent loss of earning capacity
28 proximately caused by a personal injury arising out of
29 and in the course of employment."
30 2. By renumbering as necessary.
Amendment H-8361 lost.
Eichhorn of Hamilton offered the following amendment H-8336
filed by him and moved its adoption:
H-8336
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 2, line 30, through page 3,
4 line 6.
5 2. By renumbering as necessary.
Amendment H-8336 was adopted.
Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8385 filed by him on March 20, 2002.
Hatch of Polk asked and received unanimous consent to withdraw
amendments H-8381 and H-8382 filed by him on March 20, 2002.
Osterhaus of Jackson offered the following amendment H-8342
filed by him and moved its adoption:
H-8342
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6 the
4 following:
5 "Sec. . Section 85.71, Code 2001, is amended by
6 adding the following new subsection:
7 NEW SUBSECTION. 5. The employee resides in this
8 state."
9 2. By renumbering as necessary.
Amendment H-8342 lost.
Murphy of Dubuque offered the following amendment H-8346 filed
by him and moved its adoption:
H-8346
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6, the
4 following:
5 "Sec. . Section 85.55, Code 2001, is amended to
6 read as follows:
7 85.55 WAIVERS PROHIBITED
8 No employee or dependent to whom this chapter
9 applies, shall have power to waive any of the
10 provisions of this chapter in regard to the amount of
11 compensation which may be payable to such employee or
12 dependent hereunder.
13
14
15
16
17
18
19
20
21
22 2. By renumbering as necessary.
Amendment H-8346 lost.
T. Taylor of Linn offered the following amendment H-8347 filed by
him and moved its adoption:
H-8347
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6 the
4 following:
5 "Sec. . Section 85A.12, unnumbered paragraph 1,
6 Code 2001, is amended to read as follows:
7 An employer shall not be liable for any
8 compensation for an occupational disease unless such
9 disease shall be due to the nature of an employment in
10 which the hazards of such disease actually exist, and
11 which hazards are characteristic thereof and peculiar
12 to the trade, occupation, process, or employment, and
13 such disease actually arises out of the employment
14
15
16
17
18
19
20
21
22
23
24 2. By renumbering as necessary.
Amendment H-8347 lost.
Huseman of Cherokee in the chair at 8:11 p.m.
Dotzler of Black Hawk offered the following amendment H-8348
filed by him and moved its adoption:
H-8348
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6, the
4 following:
5 "Sec. . Section 85B.4, subsection 3, Code 2001,
6 is amended to read as follows:
7 3. "Occupational hearing loss" means that portion
8 of a permanent sensorineural loss of hearing in one or
9 both ears that exceeds an average hearing level of
10 twenty-five decibels for the frequencies five hundred,
11 one thousand, two thousand,
12 four thousand Hertz, arising out of and in the course
13 of employment caused by excessive noise exposure.
14 "Occupational hearing loss" does not include loss of
15 hearing attributable to age or any other condition or
16 exposure not arising out of and in the course of
17 employment.
18 Sec. . Section 85B.9, subsection 3, Code 2001,
19 is amended to read as follows:
20 3. In calculating the total amount of hearing
21 loss, the hearing levels at each of the
22 frequencies, five hundred, one thousand, two thousand,
23
24 added together and divided by
25 the average decibel hearing level for each ear. If
26 the resulting average decibel hearing level in either
27 ear is twenty-five decibels or less, the percentage
28 hearing loss for that ear shall be zero. For each
29 resulting average decibel hearing level exceeding
30 twenty-five decibels, an allowance of one and one-half
31 percent shall be made up to the maximum of one hundred
32 percent which is reached at an average decibel hearing
33 level of ninety-two decibels. In determining the
34 total binaural percentage hearing loss, the percentage
35 hearing loss for the ear with better hearing shall be
36 multiplied by five and added to the percentage hearing
37 loss for the ear with worse hearing and the sum of the
38 two divided by six.
39 Sec. . Section 85B.10, Code 2001, is amended to
40 read as follows:
41 85B.10 EMPLOYER'S NOTICE OF RESULTS OF TEST.
42 The employer shall communicate to the employee, in
43 writing, the results of an audiometric examination or
44 physical examination of an employee which reflects an
45 average hearing level in one or both ears in excess of
46 twenty-five decibels for the test frequencies of five
47 hundred, one thousand, two thousand,
48 thousand, and four thousand Hertz, as soon as
49 practicable after the examination. The communication
50 shall include the name and qualifications of the
Page 2
1 person conducting the audiometric examination or
2 physical examination, the site of the examination, the
3 kind or type of test or examinations given, the
4 results of each and the average decibel hearing level,
5 for the
6 known to the employer, whether the hearing loss is
7 sensorineural and, if the hearing loss resulted from
8 another cause, the cause."
9 2. By renumbering as necessary.
Amendment H-8348 lost.
Dotzler of Black Hawk offered the following amendment H-8350
filed by him and moved its adoption:
H-8350
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6, the
4 following:
5 "Sec. . Section 85.70, Code 2001, is amended to
6 read as follows:
7 85.70 ADDITIONAL PAYMENT FOR ATTENDANCE.
8 An employee who has sustained an injury resulting
9 in permanent partial or permanent total disability,
10 for which compensation is payable under this chapter,
11 and who
12 employment in the job the employee held at the time of
13 the injury because of such disability, shall upon
14 application to and approval by the workers'
15 compensation commissioner be entitled to
16
17 from the employer. The worker training payment shall
18 be in addition to any other benefit payments to the
19 employee, during each full week in which the employee
20 is not receiving healing period benefits pursuant to
21 section 85.34, and is actively participating in a
22 vocational rehabilitation program recognized by the
23 vocational rehabilitation services division of the
24 department of education or participating in any other
25 training program, including apprenticeship training,
26 recognized by the department of education. The
27 additional worker training payment authorized by this
28 section shall be in an amount determined in the same
29 manner as healing period benefits are calculated
30 pursuant to section 85.37. The workers' compensation
31 commissioner's approval of such application for
32 payment may be given only after a careful evaluation
33 of available facts, and after consultation with the
34 employer or the employer's representative. Judicial
35 review of the decision of the workers' compensation
36 commissioner may be obtained in accordance with the
37 terms of the Iowa administrative procedure Act and in
38 section 86.26. Such additional benefit payment shall
39 be paid for a period not to exceed thirteen
40 consecutive weeks except that the workers'
41 compensation commissioner may extend the period of
42 payment not to exceed an additional
43 one weeks if the circumstances indicate that a
44 continuation of training will in fact
45 assist the employee's rehabilitation."
46 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 33, nays 44.
Amendment H-8350 lost.
Dotzler of Black Hawk offered the following amendment H-8358
filed by him and moved its adoption:
H-8358
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6 the
4 following:
5 "Sec. . Section 85.39, unnumbered paragraph 2,
6 Code 2001, is amended to read as follows:
7 If an
8 examination has been made by a physician retained by
9 the employer and the employee believes
10
11 of the examination and affecting benefits entitlement
12 is incorrect, the employee shall, upon application to
13 the commissioner and upon delivery of a copy of the
14 application to the employer and its insurance carrier,
15 be reimbursed by the employer the reasonable fee for a
16 subsequent examination by a physician of the
17 employee's own choice, and reasonably necessary
18 transportation expenses incurred for the examination.
19 The physician chosen by the employee has the right to
20 confer with and obtain from the employer-retained
21 physician sufficient history of the injury to make a
22 proper examination. This paragraph applies regardless
23 of whether or not the employer denies or accepts
24 liability for benefits."
25 2. By renumbering as necessary.
Speaker Siegrist in the chair at 8:44 p.m.
Amendment H-8358 lost.
Jochum of Dubuque offered the following amendment H-8362 filed
by her and moved its adoption:
H-8362
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 6 the
4 following:
5 "Sec. . Section 85.70, Code 2001, is amended to
6 read as follows:
7 85.70 ADDITIONAL PAYMENT FOR ATTENDANCE.
8 An employee who has sustained an injury resulting
9 in permanent partial or permanent total disability,
10 for which compensation is payable under this chapter,
11 and
12
13 returning to the same or similar employment, shall
14 upon application to and approval by the workers'
15 compensation commissioner be entitled to a
16
17 employer in addition to any other benefit payments,
18 during each full week in which the employee is
19 actively participating in a vocational rehabilitation
20 program recognized by the vocational rehabilitation
21 services division of the department of education. The
22 workers' compensation commissioner's approval of such
23 application for payment may be given only after a
24 careful evaluation of available facts, and after
25 consultation with the employer or the employer's
26 representative. Judicial review of the decision of
27 the workers' compensation commissioner may be obtained
28 in accordance with the terms of the Iowa
29 administrative procedure Act and in section 86.26.
30 Such additional benefit payment shall be paid for a
31 period not to exceed
32 weeks except that the workers' compensation
33 commissioner may extend the period of payment not to
34 exceed an additional
35 circumstances indicate that a continuation of training
36 will in fact accomplish rehabilitation."
37 2. By renumbering as necessary.
Amendment H-8362 lost.
Ford of Polk offered the following amendment H-8339 filed by him
and moved its adoption:
H-8339
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 5 the
4 following:
5 "Sec. . WORKERS' COMPENSATION APPORTIONMENT
6 INTERIM STUDY. The legislative council is requested
7 to authorize an interim study committee to study
8 issues concerning compensation that should be payable
9 to an employee for a permanent partial disability when
10 the employee has previously suffered an injury or
11 previously received workers' compensation benefits.
12 In addition, the interim study committee shall examine
13 whether racial discrimination impacts the payment of
14 workers' compensation benefits. The interim study
15 committee shall receive testimony from organizations
16 representing employees, employers, and workers'
17 compensation insurers concerning the impact of
18 modifying current law concerning the apportionment of
19 workers' compensation benefits. The interim study
20 committee shall submit a report of its findings and
21 recommendations, including proposed legislation, if
22 any, to the general assembly on or before January 13,
23 2003."
24 2. By renumbering as necessary.
Roll call was requested by Ford of Polk and T. Taylor of Linn.
On the question "Shall amendment H-8339 be adopted?" (S.F.
2190)
The ayes were, 40:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Dotzler | Foege |
| Ford | Frevert | Greimann | Hatch |
| Huser | Jochum | Kreiman | Kuhn |
| Larkin | Lensing | Mascher | May |
| Mertz | Murphy | Myers | O'Brien |
| Osterhaus | Petersen | Quirk | Reeder |
| Scherrman | Schrader | Seng | Shoultz |
| Smith | Stevens | Taylor, D. | Taylor, T. |
| Tremmel | Warnstadt | Winckler | Wise |
The nays were, 51:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Broers |
| Brunkhorst | Carroll | De Boef | Dix |
| Dolecheck | Drake | Eddie | Eichhorn |
| Elgin | Finch | Gipp | Grundberg |
| Hahn | Hansen | Heaton | Horbach |
| Hoversten | Huseman | Jacobs | Jenkins |
| Johnson | Jones | Kettering | Klemme |
| Larson | Manternach | Metcalf | Millage |
| Raecker | Rants | Rayhons | Rekow |
| Roberts | Shey | Sievers | Sukup |
| Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
| Weidman | Wilderdyke | Mr. Speaker | |
| Siegrist | |||
Absent or not voting, 9:
| Brauns | Cormack | Fallon | Garman |
| Hoffman | Reynolds | Richardson | Teig |
| Witt | |||
Amendment H-8339 lost.
Chiodo of Polk asked and received unanimous consent to withdraw
amendment H-8353 filed by him on March 19, 2002.
T. Taylor of Linn offered the following amendment H-8366,
previously deferred, filed by him and moved its adoption:
H-8366
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 4 the
4 following:
5 "Sec. . Section 85.27, subsection 1, Code
6 Supplement 2001, is amended to read as follows:
7 1. The employer, for all injuries compensable
8 under this chapter or chapter 85A, shall furnish
9 reasonable surgical, medical, dental, osteopathic,
10 chiropractic, podiatric, physical rehabilitation,
11 vocational rehabilitation, nursing, ambulance and
12 hospital services and supplies therefor and shall
13 allow reasonably necessary transportation expenses
14 incurred for such services. The employer shall also
15 furnish reasonable and necessary crutches, artificial
16 members and appliances
17
18
19 2. By renumbering as necessary.
Amendment H-8366 lost.
T. Taylor of Linn offered the following amendment H-8383,
previously deferred, filed by him and moved its adoption:
H-8383
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 4 the
4 following:
5 "Sec. . Section 85.26, subsection 2, Code 2001,
6 is amended by striking the subsection and inserting in
7 lieu thereof the following:
8 2. If an award for payment of benefits under
9 chapter 85, 85A, or 85B has been filed by the workers'
10 compensation commissioner, and not commuted, or if an
11 agreement for settlement pursuant to section 86.13 has
12 been filed with and approved by the commissioner and
13 not commuted, or if within six months of the
14 commencement of any kind of disability benefits a
15 denial of liability has not been filed with the
16 commissioner and notice of the denial delineating the
17 grounds of denial has not been mailed to the employee
18 in the form and manner required by the commissioner,
19 the amount of benefits due by an employer to an
20 employee may be reviewed at any time upon commencement
21 of reopening proceedings by the employer."
22 2. By renumbering as necessary.
Amendment H-8383 lost.
Jochum of Dubuque offered the following amendment H-8349,
previously deferred, filed by her and moved its adoption:
H-8349
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting before line 6, the
4 following:
5 "Sec. . Section 85.27, subsection 4, Code
6 Supplement 2001, is amended to read as follows:
7 4. For purposes of this section, the employer is
8 obliged to furnish reasonable services and supplies to
9 treat an injured employee, and
10
11 employee's care at the employer's expense if the
12 employer is notified of the choice. The treatment
13 must be offered promptly and be reasonably suited to
14 treat the injury without undue inconvenience to the
15 employee. If the
16 dissatisfied with the care offered, the
17 employer should communicate the basis of such
18 dissatisfaction to the
19 if requested, following which the employer and the
20 employee may agree to alternate care reasonably suited
21 to treat the injury. If the employer and employee
22 cannot agree on such alternate care, the commissioner
23 may, upon application and reasonable proofs of the
24 necessity therefor, allow and order other care.
25
26
27
28 An application made under this subsection shall be
29 considered an original proceeding for purposes of
30 commencement and contested case proceedings under
31 section 85.26. The hearing shall be conducted
32 pursuant to chapter 17A. Before a hearing is
33 scheduled, the parties may choose a telephone hearing
34 or an in-person hearing. A request for an in-person
35 hearing shall be approved unless the in-person hearing
36 would be impractical because of the distance between
37 the parties to the hearing. The workers' compensation
38 commissioner shall issue a decision within ten working
39 days of receipt of an application for alternate care
40 made pursuant to a telephone hearing or within
41 fourteen working days of receipt of an application for
42 alternate care made pursuant to an in-person hearing.
43
44
45
46 does not prohibit an employer from retaining a
47 physician or other health service provider for use by
48 employees."
49 2. By renumbering as necessary.
Roll call was requested by Jochum of Dubuque and Horbach of
Tama.
On the question "Shall amendment H-8349 be adopted?" (S.F.
2190)
The ayes were, 41:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Dotzler | Foege |
| Ford | Frevert | Greimann | Hatch |
| Huser | Jochum | Kreiman | Kuhn |
| Larkin | Lensing | Mascher | May |
| Mertz | Murphy | Myers | O'Brien |
| Osterhaus | Petersen | Quirk | Reeder |
| Richardson | Scherrman | Schrader | Seng |
| Shoultz | Smith | Stevens | Taylor, D. |
| Taylor, T. | Tremmel | Warnstadt | Winckler |
| Wise | |||
The nays were, 52:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Broers |
| Brunkhorst | Carroll | De Boef | Dix |
| Dolecheck | Drake | Eddie | Eichhorn |
| Elgin | Finch | Gipp | Grundberg |
| Hahn | Hansen | Heaton | Hoffman |
| Horbach | Hoversten | Huseman | Jacobs |
| Jenkins | Johnson | Jones | Kettering |
| Klemme | Larson | Manternach | Metcalf |
| Millage | Raecker | Rants | Rayhons |
| Rekow | Roberts | Shey | Sievers |
| Sukup | Tymeson | Tyrrell | Van Engelenhoven |
| Van Fossen | Weidman | Wilderdyke | Mr. Speaker |
| Siegrist | |||
Absent or not voting, 7:
| Brauns | Cormack | Fallon | Garman |
| Reynolds | Teig | Witt | |
Amendment H-8349 lost.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8384, previously deferred, filed by her on
March 20, 2002.
Dotzler of Black Hawk offered the following amendment H-8343,
previously deferred, filed by him and moved its adoption:
H-8343
1 Amend Senate File 2190, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 29 the
4 following:
5 "Sec. . Section 85.36, unnumbered paragraph 1,
6 Code Supplement 2001, is amended to read as follows:
7 The basis of compensation shall be the weekly
8 earnings of the injured employee at the time of the
9 injury. "Weekly earnings" means gross earnings as
10 defined in section 85.61. "Weekly earnings " also
11 means gross salary, wages, or earnings of an employee
12 to which such employee would have been entitled had
13 the employee worked the customary hours for the full
14 pay period in which the employee was injured, as
15 regularly required by the employee's employer for the
16 work or employment for which the employee was
17 employed, computed or determined as follows and then
18 rounded to the nearest dollar:
19 Sec. . Section 85.36, subsections 6 and 7, Code
20 Supplement 2001, are amended to read as follows:
21 6. In the case of an employee who is paid on a
22 daily or hourly basis, or by the output of the
23 employee, the weekly earnings shall be computed by
24 dividing by thirteen the earnings, not including
25 overtime or premium pay, of the employee earned in the
26 employ of
27 completed period of thirteen consecutive calendar
28 weeks immediately preceding the injury. If the
29 employee was absent from employment for reasons
30 personal to the employee during part of the thirteen
31 calendar weeks preceding the injury, the employee's
32 weekly earnings shall be the amount the employee would
33 have earned had the employee worked when work was
34 available to other employees of the employer in a
35 similar occupation. A week which does not fairly
36 reflect the employee's customary earnings shall be
37 replaced by the closest previous week with earnings
38 that fairly represent the employee's customary
39 earnings.
40 7. In the case of an employee who has been in the
41 employ of the employer less than thirteen calendar
42 weeks immediately preceding the injury, the employee's
43 weekly earnings shall be computed under subsection 6,
44 taking the earnings, not including overtime or premium
45 pay, for such purpose to be the amount the employee
46 would have earned had the employee been so employed by
47
48 calendar weeks immediately preceding the injury and
49 had worked, when work was available to other employees
50 in a similar occupation. If the earnings of other
Page 2
1 employees cannot be determined, the employee's weekly
2 earnings shall be the average computed for the number
3 of weeks the employee has been in the employ of
4
5 2. Page 3, by inserting after line 6 the
6 following:
7 "Sec. . Section 85.61, subsection 3, Code
8 Supplement 2001, is amended to read as follows:
9 3. "Gross earnings" means recurring payments by
10 any employer to the employee for employment, before
11 any authorized or lawfully required deduction or
12 withholding of funds by the employer, excluding
13 irregular bonuses, retroactive pay, overtime, penalty
14 pay, reimbursement of expenses, expense allowances,
15 and the employer's contribution for welfare benefits."
16 3. By renumbering as necessary.
Amendment H-8343 lost.
Horbach of Tama moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 2190)
The ayes were, 53:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Brauns |
| Broers | Brunkhorst | Carroll | De Boef |
| Dix | Dolecheck | Drake | Eddie |
| Eichhorn | Elgin | Finch | Gipp |
| Grundberg | Hahn | Hansen | Heaton |
| Hoffman | Horbach | Hoversten | Huseman |
| Jacobs | Jenkins | Johnson | Jones |
| Kettering | Klemme | Larson | Manternach |
| Metcalf | Millage | Raecker | Rants |
| Rayhons | Rekow | Roberts | Shey |
| Sievers | Sukup | Tymeson | Tyrrell |
| Van Engelenhoven | Van Fossen | Weidman | Wilderdyke |
| Mr. Speaker | |||
| Siegrist | |||
The nays were, 42:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Dotzler | Fallon |
| Foege | Ford | Frevert | Greimann |
| Hatch | Huser | Jochum | Kreiman |
| Kuhn | Larkin | Lensing | Mascher |
| May | Mertz | Murphy | Myers |
| O'Brien | Osterhaus | Petersen | Quirk |
| Reeder | Richardson | Scherrman | Schrader |
| Seng | Shoultz | Smith | Stevens |
| Taylor, D. | Taylor, T. | Tremmel | Warnstadt |
| Winckler | Wise | ||
Absent or not voting, 5:
| Cormack | Garman | Reynolds | Teig |
| Witt | |||
| The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. |
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
Senate File 2190 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 27, 2002, amended and passed the following bill in which the concurrence of the
House is asked:
House File 678, a bill for an act relating to child custody and visitation including
the requirement of mediation when a custody arrangement is disputed.
Also: That the Senate has on March 27, 2002, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2365, a bill for an act relating to certain documents indexed and
recorded with the county recorder.
Also: That the Senate has on March 27, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2506, a bill for an act relating to the issuance of a no-contact order
against a defendant convicted of a sexual offense upon the defendant's release from jail
or prison.
Also: That the Senate has on March 27, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2318, a bill for an act relating to the tax on premiums and subscriber
contract payments received by insurance companies and health service corporations by
phasing in a reduction in the tax and increasing the prepayment of the tax.
MICHAEL E. MARSHALL, Secretary
EXPLANATIONS OF VOTE
I inadvertently voted "aye" on amendment H-8299 to Senate File
2190. I meant to vote "nay."
FORD of Polk
I was necessarily absent from the House chamber on March 20 and
27, 2002. Had I been present, I would have voted "aye" on House
Files 2201, 2592 and Senate File 2301.
HEATON of Henry
I inadvertently voted "aye" on amendment H-8299 to Senate File
2190. I meant to vote "nay."
SHOULTZ of Black Hawk
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 27th day of March, 2002: House Files 2138, 2150, 2153, 2229, 2230, 2246, 2281
and 2289.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Fourth and Fifth grade students from Harris-Lake Park School,
accompanied by Superintendent Gary Richardson and Principal Judy
Brueggeman. By Johnson of Osceola and Stevens of Dickinson.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the office
of the Chief Clerk:
DEPARTMENT OF ELDER AFFAIRS
The Annual Report of the Senior Living Coordinating Unite, pursuant to Chapter
231.58, Code of Iowa.
DEPARTMENT OF HUMAN RIGHTS
Division of Community Action Agencies
A report making recommendations regarding legislation designed to improve the
status of low-income persons, pursuant to Chapter 216A.92B, Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2002\873 Eugene Kading, Stuart - For celebrating her 80th birthday.
2002\874 Clair and Helene Crowl, Panora - For celebrating their 50th wedding
anniversary.
2002\875 Julie Beth Townsend, Park View Middle School, Ankeny - For
receiving the 2001 Presidential Awards for Excellence in
Mathematics and Science Teaching.
2002\876 Jennifer Erbe, Starry Elementary School, Marion - For being
named Iowa Teacher of the Year for 2002.
SUBCOMMITTEE ASSIGNMENT
Senate File 2316
Appropriations: Jenkins, Chair; Dix and Mascher.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 717 Ways and Means
Relating to the utility replacement tax, and providing for the Act's
retroactive applicability.
H.S.B. 718 Appropriations
Relating to and making appropriations to state departments and
agencies from the tobacco settlement trust fund, rebuild Iowa
infrastructure fund, and environment first fund, and providing
effective dates.
RESOLUTIONS FILED
HR 117, by Atteberry and Scherrman, a resolution recognizing Mr.
Joe Stepanek and Mr. Brandon Trapp for their acts of heroism.
Laid over under Rule 25.
SCR 109, by Hansen, a concurrent resolution requesting that the
governor annually designate the third week in the month of October
as Cultural Awareness Week.
Laid over under Rule 25.
SCR 110, by Houser, a concurrent resolution honoring Dr. William
Campbell for more than fifty years of service to the people of Iowa.
Laid over under Rule 25..
AMENDMENTS FILED
H-8445 S.F. 2228 Wise of Lee
Mascher of Johnson
H-8446 S.F. 2228 Osterhaus of Jackson
H-8447 S.F. 2197 Senate Amendment
H-8448 H.F. 2247 Senate Amendment
H-8449 H.F. 2344 Senate Amendment
H-8450 H.F. 2571 Senate Amendment
H-8451 S.F. 2118 Hansen of Pottawattamie
Myers of Johnson
H-8452 S.F. 2228 Huser of Polk
Van Fossen of Scott
H-8453 S.F. 2228 Van Fossen of Scott
Sievers of Scott Shey of Linn
Sukup of Franklin Millage of Scott
Hoversten of Woodbury Huser of Polk
Chiodo of Polk
H-8454 S.F. 2228 Van Fossen of Scott
Shey of Linn Sievers of Scott
Boal of Polk Sukup of Franklin
Millage of Scott Hoversten of Woodbury
Huser of Polk Chiodo of Polk
H-8455 S.F. 2228 Van Fossen of Scott
Shey of Linn Hoversten of Woodbury
Huser of Polk Chiodo of Polk
H-8456 S.F. 2228 Van Fossen of Scott
Shey of Linn
Hoversten of Woodbury
Huser of Polk
H-8457 S.F. 2228 Van Fossen of Scott
Shey of Linn
Hoversten of Woodbury
Chiodo of Polk
H-8458 S.F. 2228 Van Fossen of Scott
Shey of Linn
Millage of Scott
Hoversten of Woodbury
Chiodo of Polk
H-8459 S.F. 2228 Van Fossen of Scott
Shey of Linn Sievers of Scott
Sukup of Franklin Millage of Scott
Hoversten of Woodbury Huser of Polk
Chiodo of Polk
H-8460 S.F. 2228 Van Fossen of Scott
H-8461 S.F. 2228 Van Fossen of Scott
Shey of Linn
Hoversten of Woodbury
Huser of Polk
Chiodo of Polk
H-8462 S.F. 2228 Van Fossen of Scott
H-8463 S.F. 2228 Van Fossen of Scott
Huser of Polk Metcalf of Polk
Elgin of Linn Hoversten of Woodbury
Chiodo of Polk
H-8464 H.F. 678 Senate Amendment
H-8465 H.F. 2365 Senate Amendment
H-8466 S.F. 2228 Shey of Linn
H-8467 S.F. 503 Kuhn of Floyd
H-8468 S.F. 2228 Sievers of Scott
On motion by Rants of Woodbury the House adjourned at 9:24
p.m., until 8:45 a.m., Thursday, March 28, 2002.
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