House Journal: Page 1468: Monday, April 28, 2003
30 which leaves no serious or substantial doubt about the
31 correctness of the conclusions drawn from the
32 evidence. It is more than a preponderance of
33 evidence, but less than beyond a reasonable doubt.
34 2. "Malice" means either conduct which is
35 specifically intended by the defendant to cause
36 tangible or intangible serious injury to the plaintiff
37 or conduct that is carried out by the defendant both
38 with a flagrant indifference to the rights of the
39 plaintiff and with a subjective awareness that such
40 conduct will result in tangible serious injury.
41 Sec. 5. NEW SECTION. 668A.3 AWARD OF PUNITIVE OR
42 EXEMPLARY DAMAGES - PROOF - STANDARD.
43 Punitive or exemplary damages shall only be awarded
44 where the plaintiff proves by clear and convincing
45 evidence that the plaintiff's harm was the result of
46 actual malice. This burden of proof shall not be
47 satisfied by proof of any degree of negligence,
48 including gross negligence.
49 DIVISION II
50 WORKERS' COMPENSATION
Page 3
1 Sec. 6. Section 85.34, subsection 2, unnumbered
2 paragraph 1, Code 2003, is amended to read as follows:
3 Compensation for permanent partial disability shall
4 begin at the termination of the healing period
5 provided in subsection 1. The compensation shall be
6 in addition to the benefits provided by sections 85.27
7 and 85.28. The compensation shall be based only upon
8 the extent of the disability related to the injury
9 received and upon the basis of eighty percent per week
10 of the employee's average spendable weekly earnings,
11 but not more than a weekly benefit amount, rounded to
12 the nearest dollar, equal to one hundred eighty-four
13 percent of the statewide average weekly wage paid
14 employees as determined by the department of workforce
15 development under section 96.19, subsection 36, and in
16 effect at the time of the injury. The minimum weekly
17 benefit amount shall be equal to the weekly benefit
18 amount of a person whose gross weekly earnings are
19 thirty-five percent of the statewide average weekly
20 wage. For all cases of permanent partial disability
21 compensation shall be paid as follows:
22 Sec. 7. Section 85.34, Code 2003, is amended by
23 adding the following new subsection:
24 NEW SUBSECTION. 7. APPORTIONMENT. When an
25 employee suffers successive work-related injuries or
26 illnesses, an employer is not liable for that portion
27 of an employee's disability that is caused by any
28 preexisting injury or illness that is separate and
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League of Women Voters of Iowa
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