Text: SSB03098 Text: SSB03100 Text: SSB03000 - SSB03099 Text: SSB 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 does not arise out of the course of
1 14 employment for the purposes of this chapter unless the
1 15 traumatic injury is a natural incident of an employment
1 16 activity of the employee or a reasonable consequence of a
1 17 hazard associated with an employment activity of the employee.
1 18 The trauma must be one that would be considered to be more
1 19 than slight by the average person.
1 20 b. A cumulative injury does not arise out of the course of
1 21 employment for the purposes of this chapter unless all of the
1 22 following are shown:
1 23 (1) The employment activity that is alleged to be the
1 24 cause of the cumulative injury or to have significantly
1 25 aggravated a preexisting condition is the single most
1 26 substantial factor contributing to the cumulative injury.
1 27 (2) The cumulative injury, at the time of its occurrence,
1 28 would not be expected to occur as the result of the normal
1 29 aging process absent an employment activity of the employee.
1 30 (3) The employment activity that is alleged to be the
1 31 single most substantial factor contributing to the cumulative
1 32 injury is not an activity commonly engaged in by the employee
1 33 or by an average person in the normal nonemployment life of
1 34 the employee or average person.
1 35 EXPLANATION
2 1 This bill amends Code section 85.3, subsection 1, to
2 2 provide that for the purposes of Code chapter 85, a personal
2 3 injury sustained by an employee shall be characterized as
2 4 either a traumatic injury or a cumulative injury.
2 5 The bill provides that a traumatic injury does not arise
2 6 out of the course of employment for workers' compensation
2 7 purposes unless the traumatic injury is a natural incident of
2 8 an employment activity of the employee, or a reasonable
2 9 consequence of a hazard associated with an employment activity
2 10 of the employee. The bill also provides that the trauma must
2 11 be one that would be considered to be more than slight by the
2 12 average person.
2 13 The bill also provides that a cumulative injury does not
2 14 arise out of the course of employment unless the employment
2 15 activity that is alleged to be the cause of the cumulative
2 16 injury or to have significantly aggravated a preexisting
2 17 condition is the single most substantial factor contributing
2 18 to the cumulative injury; the cumulative injury, at the time
2 19 of its occurrence, would not be expected to occur as the
2 20 result of the normal aging process absent an employment
2 21 activity of the employee; and the employment activity that is
2 22 alleged to be the single most substantial factor contributing
2 23 to the cumulative injury is not an activity commonly engaged
2 24 in by the employee or by an average person in the normal
2 25 nonemployment life of the employee or average person.
2 26 LSB 5349SC 80
2 27 av/cf/24.2
Text: SSB03098 Text: SSB03100 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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