Text: HSB00010 Text: HSB00012 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 85.28, Code 2003, is amended to read as 1 2 follows: 1 3 85.28 BURIAL EXPENSE. 1 4 When death ensues from the injury, the employer shall pay 1 5 the reasonable expenses of burial of such employee, not to 1 6 exceedfiveseven thousand five hundred dollars, which shall 1 7 be in addition to other compensation or any other benefit 1 8 provided for in this chapter. 1 9 Sec. 2. Section 85.38, subsection 2, unnumbered paragraph 1 10 2, Code 2003, is amended to read as follows: 1 11 If an employer denies liability under this chapter, chapter 1 12 85A, or chapter 85B, for payment for any medical services 1 13receivedrequested or weekly compensation claimed by an 1 14 employeewith a disability, and the employee is a beneficiary 1 15 under either an individual or group plan for nonoccupational 1 16 illness, injury, or disability, the nonoccupational plan shall 1 17 not deny paymentfor the medical services receivedof benefits 1 18 under the plan on the basis that the employer's liabilityfor1 19the medical servicesunder this chapter, chapter 85A, or 1 20 chapter 85B is unresolved. 1 21 Sec. 3. Section 85.48, Code 2003, is amended to read as 1 22 follows: 1 23 85.48 PARTIAL COMMUTATION. 1 24 When partial commutation is ordered, the workers' 1 25 compensation commissioner shall fix the lump sum to be paid at 1 26 an amount which will equal the future payments for the period 1 27 commuted, capitalized at their present value upon the basis of 1 28 interest at the rate provided in section 535.3 for court 1 29 judgments and decrees, with provisions. Provisions shall be 1 30 made for the payment of weekly compensation not included in 1 31 the commutation, subject to the law applicable to such unpaid1 32weekly payments;with all remaining payments, if any,to be 1 33 paidatover the same period of time as though the commutation 1 34 had not been made by either eliminating weekly payments from 1 35 the first or last part of the payment period or by a pro rata 2 1 reduction in the weekly benefit amount over the entire payment 2 2 period. 2 3 Sec. 4. Section 85.65A, subsection 5, Code 2003, is 2 4 amended to read as follows: 2 5 5. This section is repealed July 1,20032008. 2 6 Sec. 5. Section 86.42, Code 2003, is amended to read as 2 7 follows: 2 8 86.42 JUDGMENT BY DISTRICT COURT ON AWARD. 2 9 Any party in interest may present acertifiedfile-stamped 2 10 copy of an order or decision of the commissioner, from which a 2 11 timely petition for judicial review has not been filed or if 2 12 judicial review has been filed, which has not had execution or 2 13 enforcement stayed as provided in section 17A.19, subsection 2 14 5, or an order or decision of a deputy commissioner from which 2 15 a timely appeal has not been taken within the agency and which 2 16 has become final by the passage of time as provided by rule 2 17 and section 17A.15, or an agreement for settlement approved by 2 18 the commissioner, and all papers in connection therewith, to 2 19 the district court where judicial review of the agency action 2 20 may be commenced. The court shall render a decree or judgment 2 21 and cause the clerk to notify the parties. The decree or 2 22 judgment, in the absence of a petition for judicial review or 2 23 if judicial review has been commenced, in the absence of a 2 24 stay of execution or enforcement of the decision or order of 2 25 the workers' compensation commissioner, or in the absence of 2 26 an act of any party which prevents a decision of a deputy 2 27 workers' compensation commissioner from becoming final, has 2 28 the same effect and in all proceedings in relation thereto is 2 29 the same as though rendered in a suit duly heard and 2 30 determined by the court. 2 31 Sec. 6. Section 86.43, Code 2003, is amended to read as 2 32 follows: 2 33 86.43 JUDGMENT – MODIFICATIONOF. 2 34 Upon the presentation to the court of acertifiedfile- 2 35 stamped copy of a decision of the workers' compensation 3 1 commissioner, ending, diminishing, or increasing the 3 2 compensation under the provisions of this chapter, the court 3 3 shall revoke or modify the decree or judgment to conform to 3 4 such decision. 3 5 Sec. 7. Section 87.8, Code 2003, is amended to read as 3 6 follows: 3 7 87.8 INSOLVENCY CLAUSE PROHIBITED. 3 8NoA policy of insurance issued under this chapter shall 3 9 not contain any provision relieving the insurer from payment 3 10 if the insured becomes insolvent or discharged in bankruptcy 3 11 during the period that the policy is in operation, or the 3 12 compensation, or any part of it, is unpaid notwithstanding any 3 13 deductible that is provided for in the policy. 3 14 Sec. 8. EFFECTIVE DATE. The amendment to section 85.65A, 3 15 subsection 5, in this Act, being deemed of immediate 3 16 importance, takes effect upon enactment. 3 17 EXPLANATION 3 18 This bill amends several provisions relating to workers' 3 19 compensation law in Iowa. Code section 85.28 is amended to 3 20 raise the maximum amount an employer is required to pay for 3 21 reasonable burial expenses of an employee from $5,000 to 3 22 $7,500. 3 23 Code section 85.38, subsection 2, is amended to provide 3 24 that weekly wage replacement benefits for an injured worker 3 25 will be treated the same as medical benefits so that if an 3 26 employee has both group disability and workers' compensation 3 27 coverage but the employer denies workers' compensation 3 28 coverage, the group disability carrier will pay benefits to 3 29 the injured employee until the workers' compensation liability 3 30 is resolved without prejudicing the rights of either the 3 31 employer or the employee. 3 32 Code section 85.48 is amended to provide, in a partial 3 33 commutation of benefits, an option to pay the claimant's 3 34 remaining weekly payments either by eliminating weekly 3 35 payments from the first or last part of the payment period or 4 1 by reducing the weekly benefit amount on a pro rata basis over 4 2 the entire payment period. 4 3 The bill changes the repeal date of Code section 85.65A, 4 4 which imposes a surcharge on employers for the second injury 4 5 fund, from July 1, 2003, to July 1, 2008. This amendment 4 6 takes effect upon the bill's enactment. 4 7 Code sections 86.42 and 86.43 are amended to provide that a 4 8 party may present a file-stamped copy instead of a certified 4 9 copy of an order or decision of the workers' compensation 4 10 commissioner to the district court to obtain a judgment on an 4 11 award of workers' compensation benefits. 4 12 Code section 87.8 is amended to provide that if an employer 4 13 becomes insolvent or is discharged in bankruptcy, the 4 14 insurance carrier that issued the employer's workers' 4 15 compensation policy is responsible for all liability to an 4 16 injured employee pursuant to the insurance policy even if the 4 17 policy contains a deductible. 4 18 LSB 1413HC 80 4 19 av/pj/5
Text: HSB00010 Text: HSB00012 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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