Text: HF00246 Text: HF00248 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 85.27, subsection 6, Code 2003, is 1 2 amended to read as follows: 1 3 6. While a contested case proceeding for determination of 1 4 liability for workers' compensation benefits is pending before 1 5 the workers' compensation commissioner relating to an injury 1 6 alleged to have given rise to treatment, no debt collection, 1 7 as defined by section 537.7102, shall be undertaken against an 1 8 employee or the employee's dependents for the collection of 1 9 charges for that treatment rendered an employee by any health 1 10 service provider. However, the health service provider may 1 11 send one itemized written bill to the employee setting forth 1 12 the amount of the charges in connection with the treatment 1 13 after notification of the contested case proceeding. A person 1 14 who violates this subsection is subject to the same civil 1 15 damages or penalties to which an employee is specifically 1 16 entitled for violations of section 537.7103. 1 17 Sec. 2. Section 85.33, subsection 4, Code 2003, is amended 1 18 to read as follows: 1 19 4. If an employee is entitled to temporary partial 1 20 benefits under subsection 3of this section, the employer for 1 21 whom the employee was working at the time of injury shall pay 1 22 to the employee weekly compensation benefits, as provided in 1 23 section 85.32, for and during the period of temporary partial 1 24 disability. The temporary partial benefit shall be sixty-six 1 25 and two-thirds percent of the difference between the 1 26 employee's weekly earnings at the time of injury, computed in 1 27 compliance with section 85.36, and the employee's actual gross 1 28 weekly income from employment during the period of temporary 1 29 partial disability.If at the time of injury an employee is1 30paid on the basis of the output of the employee, with a1 31minimum guarantee pursuant to a written employment agreement,1 32the minimum guarantee shall be used as the employee's weekly1 33earnings at the time of injury.However, the weekly 1 34 compensation benefits shall not exceed the payments to which 1 35 the employee would be entitled under section 85.36 or section 2 1 85.37, or under subsection 1 of this section. 2 2 Sec. 3. Section 85.38, subsection 2, unnumbered paragraph 2 3 2, Code 2003, is amended to read as follows: 2 4 If an employer denies liability under this chapter, chapter 2 5 85A, or chapter 85B, for payment for any medical services 2 6receivedor weekly compensation requested by an employeewith2 7a disability, and the employee is a beneficiary under either 2 8 an individual or group plan for nonoccupational illness, 2 9 injury, or disability, the nonoccupational plan shall not deny 2 10 paymentfor the medical services receivedof benefits under 2 11 the plan on the basis that the employer's liabilityfor the2 12medical servicesunder this chapter, chapter 85A, or chapter 2 13 85B is unresolved. 2 14 Sec. 4. Section 85.48, Code 2003, is amended to read as 2 15 follows: 2 16 85.48 PARTIAL COMMUTATION. 2 17 When partial commutation is ordered, the workers' 2 18 compensation commissioner shall fix the lump sum to be paid at 2 19 an amount which will equal the future payments for the period 2 20 commuted, capitalized at their present value upon the basis of 2 21 interest at the rate provided in section 535.3 for court 2 22 judgments and decrees, with provisions. Provisions shall be 2 23 made for the payment of weekly compensation not included in 2 24 the commutation, subject to the law applicable to such unpaid2 25weekly payments;with all remaining payments, if any,to be 2 26 paidatover the same period of time as though the commutation 2 27 had not been made by either eliminating weekly payments for 2 28 the first or last part of the payment period or by a pro rata 2 29 reduction in the weekly benefit amount over the entire payment 2 30 period. 2 31 Sec. 5. Section 85.55, Code 2003, is amended to read as 2 32 follows: 2 33 85.55 WAIVERS PROHIBITED– PHYSICAL DEFECTS. 2 34NoAn employee or dependent to whom this chapter applies,2 35 shall not have power to waive any of the provisions of this 3 1 chapter in regard to the amount of compensation which may be 3 2 payable to such employee or dependent hereunder.However, any3 3person who has some physical defect which increases the risk3 4of injury, may, subject to the approval of the workers'3 5compensation commissioner, enter into a written agreement with3 6the employee's employer waiving compensation for injuries3 7which may occur directly or indirectly because of such3 8physical defect, provided, however, that such waiver shall not3 9affect the employee's benefits to be paid from the second3 10injury fund under the provisions of section 85.64.3 11 Sec. 6. Section 86.24, subsection 4, Code 2003, is amended 3 12 to read as follows: 3 13 4. A transcript of a contested case proceeding shall be 3 14 provided by an appealing party at the party's costand an3 15affidavit shall be filed by the appealing party or the party's3 16attorney with the workers' compensation commissioner within3 17ten days after the filing of the appeal to the workers'3 18compensation commissioner stating that the transcript has been3 19ordered and identifying the name and address of the reporter3 20or reporting firm from which the transcript has been ordered. 3 21 Sec. 7. Section 87.8, Code 2003, is amended to read as 3 22 follows: 3 23 87.8 INSOLVENCY CLAUSE PROHIBITED. 3 24NoA policy of insurance issued under this chapter shall 3 25 not contain any provision relieving the insurer from payment 3 26 if the insured becomes insolvent or discharged in bankruptcy 3 27 during the period that the policy is in operation, or the 3 28 compensation, or any part of it, is unpaid, notwithstanding 3 29 any deductible that is provided for in the policy. 3 30 EXPLANATION 3 31 This bill makes several changes to workers' compensation 3 32 laws in this state. Code section 85.27, subsection 6, is 3 33 amended to provide that a person who tries to collect debts 3 34 for medical treatment rendered to an employee while a 3 35 contested case for workers' compensation benefits is pending, 4 1 in violation of this subsection, is subject to the same civil 4 2 damages or penalties to which an employee is entitled for 4 3 violations of Code section 537.7103 including actual damages 4 4 and a penalty in an amount determined by the court of not less 4 5 than $100 nor more than $1,000 pursuant to Code section 4 6 537.5201, subsection 1, paragraph "y". 4 7 Code Section 85.33, subsection 4, is amended to remove a 4 8 provision applicable to employees who work on the basis of 4 9 output or piecework which provides that such an injured 4 10 employee's minimum guarantee of pay instead of actual earnings 4 11 would be used to calculate the employee's weekly compensation 4 12 rate for temporary partial workers' compensation benefits. 4 13 Code section 85.38, subsection 2, is amended to provide 4 14 that weekly wage replacement benefits for an injured worker 4 15 will be treated the same as medical benefits so that if an 4 16 employee has both group disability and workers' compensation 4 17 coverage but the employer denies workers' compensation 4 18 coverage, the group disability carrier will pay benefits to 4 19 the injured employee until the workers' compensation liability 4 20 is resolved without prejudicing the rights of either the 4 21 employer or the employee. 4 22 Code section 85.48 is amended to provide, in a partial 4 23 commutation of benefits, an option to pay the claimant's 4 24 remaining weekly payments either by eliminating weekly 4 25 payments for the first or last part of the payment period or 4 26 by reducing the weekly benefit amount on a pro rata basis over 4 27 the entire payment period. 4 28 Code section 85.55 is amended to remove language that 4 29 allowed an employee with a preexisting physical defect that 4 30 increased the employee's risk of injury to enter into a 4 31 written agreement with an employer waiving workers' 4 32 compensation benefits for injuries that might occur at work 4 33 resulting either directly or indirectly from the employee's 4 34 physical defect. 4 35 Code section 86.24, subsection 4, is amended to remove the 5 1 requirement that a party appealing a workers' compensation 5 2 contested case proceeding must file an affidavit with the 5 3 workers' compensation commissioner stating that the party has 5 4 ordered the hearing transcript and identifying the court 5 5 reporter from whom the transcript has been ordered. 5 6 Code section 87.8 is amended to provide that if an employer 5 7 becomes insolvent or is discharged in bankruptcy, the 5 8 insurance carrier that issued the employer's workers' 5 9 compensation policy is responsible for all liability to an 5 10 injured employee pursuant to the insurance policy even if the 5 11 policy contains a deductible payable by the employer. 5 12 LSB 1838HH 80 5 13 av/cl/14
Text: HF00246 Text: HF00248 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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