Text: HSB00230 Text: HSB00232 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 85.34, Code 2003, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7. APPORTIONMENT. When an employee
1 4 suffers successive work-related injuries or illnesses, an
1 5 employer is not liable for that portion of an employee's
1 6 disability that is caused by any preexisting injury or illness
1 7 that is separate and discrete from the injury or illness for
1 8 which compensation is claimed. Evidence that an employee has
1 9 received a prior award for payment of benefits or entered into
1 10 a prior settlement of any claim arising under this chapter or
1 11 chapter 85A, 85B, or 86 creates a presumption that the
1 12 employee has suffered a preexisting work-related injury or
1 13 illness that is separate and discrete from the injury or
1 14 illness for which benefits are claimed and that the extent of
1 15 disability caused by that preexisting injury or illness has
1 16 been determined.
1 17 EXPLANATION
1 18 This bill provides that when an employee suffers successive
1 19 work-related injuries or illnesses, an employer is not liable
1 20 to pay workers' compensation benefits for that portion of an
1 21 employee's disability that is caused by any preexisting injury
1 22 or illness that is separate and discrete from the injury or
1 23 illness for which workers' compensation is claimed.
1 24 The bill also provides that evidence that an employee has
1 25 received a prior award for payment of benefits or entered into
1 26 a prior settlement of any claim arising under the workers'
1 27 compensation laws of this state creates a presumption that the
1 28 employee has suffered a preexisting work-related injury or
1 29 illness that is separate and discrete from the injury or
1 30 illness for which workers' compensation is claimed and that
1 31 the extent of the employee's disability caused by that
1 32 preexisting injury or illness has been determined.
1 33 LSB 2677HC 80
1 34 av/sh/8
Text: HSB00230 Text: HSB00232 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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