Text: SF02174 Text: SF02176 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, Code Supplement 2003, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 48. Confidential information filed with 1 4 the workers' compensation commissioner as defined in section 1 5 86.45, subsection 1. 1 6 Sec. 2. Section 85.27, subsection 7, Code 2003, is amended 1 7 to read as follows: 1 8 7. If, after the third day of incapacity to work following 1 9 the date of sustaining a compensable injury which does not 1 10 result in permanent partial disability, or if, at any time 1 11 after sustaining a compensable injury which results in 1 12 permanent partial disability, an employee, who is not 1 13 receiving weekly benefits under section 85.33 or section 1 14 85.34, subsection 1, returns to work and is required to leave 1 15 work for one full day or less to receive services pursuant to 1 16 this section, the employee shall be paid an amount equivalent 1 17 to the wages lost at the employee's regular rate of pay for 1 18 the time the employee is required to leave work. For the 1 19 purposes of this subsection, "day of incapacity to work" means 1 20 eight hours of accumulated absence from work due to incapacity 1 21 to work or due to the receipt of services pursuant to this 1 22 subsection. The employer shall make the payments under this 1 23 subsection as wages to the employee after making such 1 24 deductions from the amount as legally required or customarily 1 25 made by the employer from wages. Payments made under this 1 26 subsection shall be required to be reimbursed pursuant to any 1 27 insurance policy covering workers' compensation. Payments 1 28 under this subsection shall not be construed to be payment of 1 29 weekly benefits. 1 30 Sec. 3. Section 85.38, subsection 2, Code 2003, is amended 1 31 to read as follows: 1 32 2. CREDIT FOR BENEFITS PAID UNDER GROUP PLANS. In the 1 33 event the employeewith a disabilityshall receive any 1 34 benefits, including medical, surgical, or hospital benefits, 1 35 under any group plan covering nonoccupational disabilities 2 1 contributed to wholly or partially by the employer, which 2 2 benefits should not have been paid or payable if any rights of 2 3 recovery existed under this chapter, chapter 85A, or chapter 2 4 85B, then the amounts so paid to the employee from the group 2 5 plan shall be credited to or against any compensation 2 6 payments, including medical, surgical, or hospital, made or to 2 7 be made under this chapter, chapter 85A, or chapter 85B. The 2 8 amounts so credited shall be deducted from the payments made 2 9 under these chapters. Any nonoccupational plan shall be 2 10 reimbursed in the amount deducted. This section shall not 2 11 apply to payments made under any group plan which would have 2 12 been payable even though there was an injury under this 2 13 chapter or an occupational disease under chapter 85A or an 2 14 occupational hearing loss under chapter 85B. Any employer 2 15 receiving such credit shall keep the employee safe and 2 16 harmless from any and all claims or liabilities that may be 2 17 made against them by reason of having received the payments 2 18 only to the extent of the credit. 2 19 If an employer denies liability under this chapter, chapter 2 20 85A, or chapter 85B, for payment for any medical services 2 21 received or weekly compensation requested by an employeewith2 22a disability, and the employee is a beneficiary under either 2 23 an individual or group plan for nonoccupational illness, 2 24 injury, or disability, the nonoccupational plan shall not deny 2 25 payment for the medical services received or benefits under 2 26 the plan on the basis that the employer's liabilityfor the2 27medical servicesunder this chapter, chapter 85A, or chapter 2 28 85B is unresolved. 2 29 Sec. 4. Section 86.24, subsection 4, Code 2003, is amended 2 30 to read as follows: 2 31 4. A transcript of a contested case proceeding shall be 2 32 provided by an appealing party at the party's costand an2 33affidavit shall be filed by the appealing party or the party's2 34attorney with the workers' compensation commissioner within2 35ten days after the filing of the appeal to the workers'3 1compensation commissioner stating that the transcript has been3 2ordered and identifying the name and address of the reporter3 3or reporting firm from which the transcript has been ordered. 3 4 Sec. 5. NEW SECTION. 86.45 CONFIDENTIAL INFORMATION. 3 5 1. "Confidential information", for the purposes of this 3 6 section, means all information that is filed with the workers' 3 7 compensation commissioner as a result of an employee's injury 3 8 or death that would allow the identification of the employee 3 9 or the employee's dependents. Confidential information 3 10 includes first reports of injury and subsequent reports of 3 11 claim activity. Confidential information does not include 3 12 pleadings, motions, decisions, opinions, or applications for 3 13 settlement that are filed with the workers' compensation 3 14 commissioner. 3 15 2. The workers' compensation commissioner shall not 3 16 disclose confidential information except as follows: 3 17 a. Pursuant to the terms of a written waiver of 3 18 confidentiality executed by the employee or the dependents of 3 19 the employee whose information is filed with the workers' 3 20 compensation commissioner. 3 21 b. To another governmental agency, or to an advisory, 3 22 rating, or research organization, for the purpose of compiling 3 23 statistical data, evaluating the state's workers' compensation 3 24 system, or conducting scientific, medical, or public policy 3 25 research, where such disclosure will not allow the 3 26 identification of the employee or the employee's dependents. 3 27 c. To the employee or to the agent or attorney of the 3 28 employee whose information is filed with the workers' 3 29 compensation commissioner. 3 30 d. To the person or to the agent of the person who 3 31 submitted the information to the workers' compensation 3 32 commissioner. 3 33 e. To an agent, representative, attorney, investigator, 3 34 consultant, or adjuster of an employer, or insurance carrier 3 35 or third-party administrator of workers' compensation 4 1 benefits, who is involved in administering a claim for such 4 2 benefits related to the injury or death of the employee whose 4 3 information is filed with the workers' compensation 4 4 commissioner. 4 5 f. To all parties to a contested case proceeding before 4 6 the workers' compensation commissioner in which the employee 4 7 or a dependent of the employee, whose information is filed 4 8 with the workers' compensation commissioner, is a party. 4 9 g. In compliance with a subpoena. 4 10 h. To an agent, representative, attorney, investigator, 4 11 consultant, or adjuster of the employee, employer, or 4 12 insurance carrier or third-party administrator of insurance 4 13 benefits, who is involved in administering a claim for 4 14 insurance benefits related to the injury or death of the 4 15 employee whose information is filed with the workers' 4 16 compensation commissioner. 4 17 3. This section does not create a cause of action for a 4 18 violation of its provisions against the workers' compensation 4 19 commissioner or against the state or any governmental 4 20 subdivision of the state. 4 21 Sec. 6. Section 87.11, unnumbered paragraph 1, Code 2003, 4 22 is amended to read as follows: 4 23 When an employer coming under this chapter furnishes 4 24 satisfactory proofs to the insurance commissioner of such 4 25 employer's solvency and financial ability to pay the 4 26 compensation and benefits as by law provided and to make such 4 27 payments to the parties when entitled thereto, or when such 4 28 employer deposits with the insurance commissioner security 4 29 satisfactory to the insurance commissionerand the workers'4 30compensation commissioneras guaranty for the payment of such 4 31 compensation, such employer shall be relieved of the 4 32 provisions of this chapter requiring insurance; but such 4 33 employer shall, from time to time, furnish such additional 4 34 proof of solvency and financial ability to pay as may be 4 35 required by such insurance commissioneror workers'5 1compensation commissioner. Such security shall be held in 5 2 trust for the sole purpose of paying compensation and benefits 5 3 and is not subject to attachment, levy, execution, 5 4 garnishment, liens, or any other form of encumbrance. A 5 5 political subdivision, including a city, county, community 5 6 college, or school corporation, that is self-insured for 5 7 workers' compensation is not required to submit a plan or 5 8 program to the insurance commissioner for review and approval. 5 9 Sec. 7. Section 87.11, unnumbered paragraph 3, Code 2003, 5 10 is amended to read as follows: 5 11 If an employer becomes insolvent and a debtor under 11 5 12 U.S.C., on or after January 1, 1990, or ceases doing business, 5 13 this paragraph applies. Thecommissioner ofinsurance 5 14 commissioner may request of the workers' compensation 5 15 commissioner that all future payments of workers' compensation 5 16 weekly benefits, medical expenses, or other payments pursuant 5 17 to chapter 85, 85A, 85B, 86, or 87 be commuted to a present 5 18 lump sum. The workers' compensation commissioner shall fix 5 19 the lump sum of probable future medical expenses and weekly 5 20 compensation benefits, or other benefits payable pursuant to 5 21 chapter 85, 85A, 85B, 86, or 87, capitalized at their present 5 22 value upon the basis of interest at the rate provided in 5 23 section 535.3 for court judgments and decrees. If an employer 5 24 ceases doing business without becoming insolvent, the 5 25 insurance commissioner shall publish notice of the time and 5 26 manner for filing claims against the employer in a newspaper 5 27 in general circulation in the county or counties within the 5 28 state where the employer is known to have maintained a place 5 29 of business. The notice shall be published once each week for 5 30 three consecutive weeks with the last publication not less 5 31 than thirty days before the time for filing claims expires. 5 32 Defects in the notice or publication shall not affect the 5 33 period for filing claims against the employer or give rise to 5 34 a claim against the insurance commissioner. All claims that 5 35 are not otherwise barred shall become barred if not filed 6 1 within five years after the date the employer ceased doing 6 2 business, as determined by the insurance commissioner, 6 3 including claims for review reopening, benefits under section 6 4 85.27, and latent injuries. Thecommissioner ofinsurance 6 5 commissioner shall be discharged from all further liability 6 6 for the commuted workers' compensation claim upon payment of 6 7 the present lump sum to either the claimant, or a licensed 6 8 insurer for purchase of an annuity or other periodic payment 6 9 plan for the benefit of the claimant. 6 10 Sec. 8. Section 87.14A, Code 2003, is amended to read as 6 11 follows: 6 12 87.14A INSURANCEOR BONDREQUIRED. 6 13 An employer subject to this chapter and chapters 85, 85A, 6 14 85B, and 86 shall not engage in business without first 6 15 obtaining insurance covering compensation benefits or 6 16 obtaining relief from insurance as provided in this chapteror6 17furnishing a bond pursuant to section 87.16. A person who 6 18 willfully and knowingly violates this section is guilty of a 6 19 class "D" felony. 6 20 Sec. 9. Section 87.19, unnumbered paragraph 1, Code 2003, 6 21 is amended to read as follows: 6 22 Upon the receipt of information by the workers' 6 23 compensation commissioner of any employer failing to comply 6 24 withsections 87.16 and 87.17section 87.14A, the commissioner 6 25 shall at once notify such employer by certified mail that 6 26 unless such employer comply with the requirements of law, 6 27 legal proceedings will be instituted to enforce such 6 28 compliance. 6 29 Sec. 10. Section 87.20, Code 2003, is amended to read as 6 30 follows: 6 31 87.20 REVOCATION OF RELEASE FROM INSURANCE. 6 32 The insurance commissionerwith the concurrence of the6 33workers' compensation commissionermay, at any time, upon 6 34 reasonable notice to such employer and upon hearing, revoke 6 35 for cause any order theretofore made relieving any employer 7 1 from carrying insurance as provided by this chapter. 7 2 Sec. 11. Sections 87.16 and 87.17, Code 2003, are 7 3 repealed. 7 4 SF 2175 7 5 av/cc/26
Text: SF02174 Text: SF02176 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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