Text: HF00224                           Text: HF00226
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House File 225

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 225     
  1  2 
  1  3                             AN ACT
  1  4 MODIFYING WORKERS' COMPENSATION LAWS AND PROVIDING AN
  1  5    EFFECTIVE DATE.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 85.28, Code 2003, is amended to read as
  1 10 follows:
  1 11    85.28  BURIAL EXPENSE.
  1 12    When death ensues from the injury, the employer shall pay
  1 13 the reasonable expenses of burial of such employee, not to
  1 14 exceed five seven thousand five hundred dollars, which shall
  1 15 be in addition to other compensation or any other benefit
  1 16 provided for in this chapter.
  1 17    Sec. 2.  Section 85.48, Code 2003, is amended to read as
  1 18 follows:
  1 19    85.48  PARTIAL COMMUTATION.
  1 20    When partial commutation is ordered, the workers'
  1 21 compensation commissioner shall fix the lump sum to be paid at
  1 22 an amount which will equal the future payments for the period
  1 23 commuted, capitalized at their present value upon the basis of
  1 24 interest at the rate provided in section 535.3 for court
  1 25 judgments and decrees, with provisions.  Provisions shall be
  1 26 made for the payment of weekly compensation not included in
  1 27 the commutation, subject to the law applicable to such unpaid
  1 28 weekly payments; with all remaining payments, if any, to be
  1 29 paid at over the same period of time as though the commutation
  1 30 had not been made by either eliminating weekly payments from
  1 31 the first or last part of the payment period or by a pro rata
  1 32 reduction in the weekly benefit amount over the entire payment
  1 33 period.
  1 34    Sec. 3.  Section 85.65A, subsection 5, Code 2003, is
  1 35 amended to read as follows:
  2  1    5.  This section is repealed July 1, 2003 2008.
  2  2    Sec. 4.  Section 86.42, Code 2003, is amended to read as
  2  3 follows:
  2  4    86.42  JUDGMENT BY DISTRICT COURT ON AWARD.
  2  5    Any party in interest may present a certified file-stamped
  2  6 copy of an order or decision of the commissioner, from which a
  2  7 timely petition for judicial review has not been filed or if
  2  8 judicial review has been filed, which has not had execution or
  2  9 enforcement stayed as provided in section 17A.19, subsection
  2 10 5, or an order or decision of a deputy commissioner from which
  2 11 a timely appeal has not been taken within the agency and which
  2 12 has become final by the passage of time as provided by rule
  2 13 and section 17A.15, or an agreement for settlement approved by
  2 14 the commissioner, and all papers in connection therewith, to
  2 15 the district court where judicial review of the agency action
  2 16 may be commenced.  The court shall render a decree or judgment
  2 17 and cause the clerk to notify the parties.  The decree or
  2 18 judgment, in the absence of a petition for judicial review or
  2 19 if judicial review has been commenced, in the absence of a
  2 20 stay of execution or enforcement of the decision or order of
  2 21 the workers' compensation commissioner, or in the absence of
  2 22 an act of any party which prevents a decision of a deputy
  2 23 workers' compensation commissioner from becoming final, has
  2 24 the same effect and in all proceedings in relation thereto is
  2 25 the same as though rendered in a suit duly heard and
  2 26 determined by the court.
  2 27    Sec. 5.  Section 86.43, Code 2003, is amended to read as
  2 28 follows:
  2 29    86.43  JUDGMENT – MODIFICATION OF.
  2 30    Upon the presentation to the court of a certified file-
  2 31 stamped copy of a decision of the workers' compensation
  2 32 commissioner, ending, diminishing, or increasing the
  2 33 compensation under the provisions of this chapter, the court
  2 34 shall revoke or modify the decree or judgment to conform to
  2 35 such decision.
  3  1    Sec. 6.  EFFECTIVE DATE.  The amendment to section 85.65A,
  3  2 subsection 5, in this Act, being deemed of immediate
  3  3 importance, takes effect upon enactment.  
  3  4 
  3  5 
  3  6                                                             
  3  7                               CHRISTOPHER C. RANTS
  3  8                               Speaker of the House
  3  9 
  3 10 
  3 11                                                             
  3 12                               MARY E. KRAMER
  3 13                               President of the Senate
  3 14 
  3 15    I hereby certify that this bill originated in the House and
  3 16 is known as House File 225, Eightieth General Assembly.
  3 17 
  3 18 
  3 19                                                             
  3 20                               MARGARET THOMSON
  3 21                               Chief Clerk of the House
  3 22 Approved                , 2003
  3 23 
  3 24 
  3 25                            
  3 26 THOMAS J. VILSACK
  3 27 Governor
     
Text: HF00224                           Text: HF00226
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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