Text: HSB00553 Text: HSB00555 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 85.3, subsection 1, Code 2003, is
1 2 amended to read as follows:
1 3 1. Every employer, not specifically excepted by the
1 4 provisions of this chapter, shall provide, secure, and pay
1 5 compensation according to the provisions of this chapter for
1 6 any and all personal injuries sustained by an employee arising
1 7 out of and in the course of the employment, and in such cases,
1 8 the employer shall be relieved from other liability for
1 9 recovery of damages or other compensation for such personal
1 10 injury. For the purposes of this chapter, a personal injury
1 11 sustained by an employee shall be characterized as either a
1 12 traumatic injury or a cumulative injury.
1 13 a. A traumatic injury is an injury to the body that comes
1 14 about not through the natural building up and tearing down of
1 15 the human body, but because of a traumatic or other hurt or
1 16 damage to the health or body of an employee.
1 17 b. A cumulative injury is an injury to the body that is
1 18 gradual and progressive in nature and does not necessarily
1 19 result from a sudden and unexpected traumatic event.
1 20 2. A traumatic injury does not arise out of and in the
1 21 course of employment for the purposes of this chapter unless
1 22 the traumatic injury is a natural incident of an employment
1 23 activity of the employee or a reasonable consequence of a
1 24 hazard associated with an employment activity of the employee.
1 25 3. A cumulative injury does not arise out of and in the
1 26 course of employment for the purposes of this chapter unless
1 27 all of the following are shown:
1 28 a. The cumulative injury is caused by an employment
1 29 activity that is the single most substantial factor
1 30 contributing to the cumulative injury, or is a significant
1 31 aggravation of a preexisting condition, that is caused by an
1 32 employment activity.
1 33 b. The cumulative injury, at the time of its occurrence,
1 34 would not be expected to occur as the result of the normal
1 35 aging process absent an employment activity of the employee.
2 1 c. The employment activity that is alleged to be the
2 2 single most substantial factor contributing to the cumulative
2 3 injury is not an activity commonly engaged in by the employee
2 4 or by an average person in the normal nonemployment life of
2 5 the employee or average person.
2 6 EXPLANATION
2 7 This bill amends Code section 85.3, subsection 1, to
2 8 provide that for the purposes of Code chapter 85, a personal
2 9 injury sustained by an employee shall be characterized as
2 10 either a traumatic injury or a cumulative injury. A traumatic
2 11 injury is defined to mean an injury to the body that comes
2 12 about not through the natural building up and tearing down of
2 13 the human body, but because of a traumatic or other hurt or
2 14 damage to the health or body of an employee. A cumulative
2 15 injury is defined to mean an injury to the body that is
2 16 gradual and progressive in nature and does not necessarily
2 17 result from a sudden and unexpected traumatic event.
2 18 The bill provides that a traumatic injury does not arise
2 19 out of and in the course of employment for workers'
2 20 compensation purposes unless the traumatic injury is a natural
2 21 incident of an employment activity of the employee, or a
2 22 reasonable consequence of a hazard associated with an
2 23 employment activity of the employee.
2 24 The bill also provides that a cumulative injury does not
2 25 arise out of and in the course of employment unless the
2 26 cumulative injury is caused by an employment activity that is
2 27 the single most substantial factor contributing to the
2 28 cumulative injury, or is a significant aggravation of a
2 29 preexisting condition, that is caused by an employment
2 30 activity; the cumulative injury, at the time of its
2 31 occurrence, would not be expected to occur as the result of
2 32 the normal aging process absent an employment activity of the
2 33 employee; and the employment activity that is alleged to be
2 34 the single most substantial factor contributing to the
2 35 cumulative injury is not an activity commonly engaged in by
3 1 the employee or by an average person in the normal
3 2 nonemployment life of the employee or average person.
3 3 LSB 5349YC 80
3 4 av/cf/24
Text: HSB00553 Text: HSB00555 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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