Senate Amendment 5411


PAG LIN




     1  1    Amend Senate File 2312 as follows:
     1  2 #1.  Page 6, line 7, by inserting after the word
     1  3 <employment.> the following:  <The general assembly
     1  4 intends that changes in the identity of the employee's
     1  5 employer that do not require the employee to reenter
     1  6 the competitive labor market will be treated as if the
     1  7 employee remained employed by the same employer.>
     1  8 #2.  Page 6, by inserting after line 7, the
     1  9 following:
     1 10    <d.  It is the intent of the general assembly that
     1 11 employees receive full compensation for all
     1 12 disabilities that arise out of and in the course of
     1 13 employment.  If an employee sustains successive
     1 14 unscheduled injuries or successive injuries to the
     1 15 same scheduled member while working for the same
     1 16 employer, the employer shall be allowed a limited
     1 17 credit to the extent of compensation that the employer
     1 18 paid under the same paragraph of section 85.34,
     1 19 subsection 2, for the previous injury.  This credit
     1 20 applies only to successive injuries that arise out of
     1 21 and in the course of employment with the same employer
     1 22 and the credit is allowed only if that employer has
     1 23 previously paid compensation to the employee.  This
     1 24 credit does not apply to successive injuries with
     1 25 different employers because the marketplace has
     1 26 already made adjustments for the employee's prior
     1 27 disability at the time that the employee is hired.
     1 28    e.  This subsection does not alter second injury
     1 29 fund benefits under section 85.64, benefits paid for
     1 30 permanent total disability under section 85.34,
     1 31 subsection 3, the compensable character of aggravation
     1 32 injuries, or the distinction between scheduled and
     1 33 unscheduled disabilities.>
     1 34
     1 35
     1 36                               
     1 37 WILLIAM A. DOTZLER
     1 38 SF 2312.302 80
     1 39 av/cf
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