Senate Amendment 3237
PAG LIN
1 1 Amend Senate File 415 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <Section 1. Section 22.7, Code 2005, is amended by
1 5 adding the following new subsection:
1 6 NEW SUBSECTION. 51. Confidential information, as
1 7 defined in section 86.45, subsection 1, filed with the
1 8 workers' compensation commissioner.
1 9 Sec. 2. Section 85.27, subsection 7, Code 2005, is
1 10 amended to read as follows:
1 11 7. If, after the third day of incapacity to work
1 12 following the date of sustaining a compensable injury
1 13 which does not result in permanent partial disability,
1 14 or if, at any time after sustaining a compensable
1 15 injury which results in permanent partial disability,
1 16 an employee, who is not receiving weekly benefits
1 17 under section 85.33 or section 85.34, subsection 1,
1 18 returns to work and is required to leave work for one
1 19 full day or less to receive services pursuant to this
1 20 section, the employee shall be paid an amount
1 21 equivalent to the wages lost at the employee's regular
1 22 rate of pay for the time the employee is required to
1 23 leave work. For the purposes of this subsection, "day
1 24 of incapacity to work" means eight hours of
1 25 accumulated absence from work due to incapacity to
1 26 work or due to the receipt of services pursuant to
1 27 this section. The employer shall make the payments
1 28 under this subsection as wages to the employee after
1 29 making such deductions from the amount as legally
1 30 required or customarily made by the employer from
1 31 wages. Payments made under this subsection shall be
1 32 required to be reimbursed pursuant to any insurance
1 33 policy covering workers' compensation. Payments under
1 34 this subsection shall not be construed to be payment
1 35 of weekly benefits.
1 36 Sec. 3. Section 85.35, Code 2005, is amended to
1 37 read as follows:
1 38 85.35 SETTLEMENT IN CONTESTED CASE SETTLEMENTS.
1 39 1. The parties to a contested case or persons who
1 40 are involved in a dispute which could culminate in a
1 41 contested case may enter into a settlement of any
1 42 claim arising under this chapter or chapter 85A, 85B,
1 43 or 86, providing for final disposition of the claim,
1 44 provided that no final disposition affecting rights to
1 45 future benefits may be had when the only dispute is
1 46 the degree of disability resulting from an injury for
1 47 which an award for payments or agreement for
1 48 settlement under section 86.13 has been made. The
1 49 settlement shall be in writing on forms prescribed by
1 50 the workers' compensation commissioner and submitted
2 1 to the workers' compensation commissioner for
2 2 approval.
2 3 2. The parties may enter into an agreement for
2 4 settlement that establishes the employer's liability,
2 5 fixes the nature and extent of the employee's current
2 6 right to accrued benefits, and establishes the
2 7 employee's right to statutory benefits that accrue in
2 8 the future.
2 9 3. The parties may enter into a compromise
2 10 settlement of the employee's claim to benefits as a
2 11 full and final disposition of the claim.
2 12 4. The parties may enter into a settlement that is
2 13 a combination of an agreement for settlement and a
2 14 compromise settlement that establishes the employer's
2 15 liability for part of a claim but makes a full and
2 16 final disposition of other parts of a claim.
2 17 5. A contingent settlement may be made and
2 18 approved, conditioned upon subsequent approval by a
2 19 court or governmental agency, or upon any other
2 20 subsequent event that is expected to occur within one
2 21 year from the date of the settlement. If the
2 22 subsequent approval or event does not occur, the
2 23 contingent settlement and its approval may be vacated
2 24 by order of the workers' compensation commissioner
2 25 upon a petition for vacation filed by one of the
2 26 parties or upon agreement by all parties. If a
2 27 contingent settlement is vacated, the running of any
2 28 period of limitation provided for in section 85.26 is
2 29 tolled from the date the settlement was initially
2 30 approved until the date that the settlement is
2 31 vacated, and the claim is restored to the status that
2 32 the claim held when the contingent settlement was
2 33 initially approved. The contingency on a settlement
2 34 lapses and the settlement becomes final and fully
2 35 enforceable if an action to vacate the contingent
2 36 settlement or to extend the period of time allowed for
2 37 the subsequent approval or event to occur is not
2 38 initiated within one year from the date that the
2 39 contingent settlement was initially approved.
2 40 6. The parties may agree that settlement proceeds,
2 41 which are paid in a lump sum, are intended to
2 42 compensate the injured worker at a given monthly or
2 43 weekly rate over the life expectancy of the injured
2 44 worker. If such an agreement is reached, neither the
2 45 weekly compensation rate which either has been paid,
2 46 or should have been paid, throughout the case, nor the
2 47 maximum statutory weekly rate applicable to the injury
2 48 shall apply. Instead, the rate set forth in the
2 49 settlement agreement shall be the rate for the case.
2 50 The settlement shall not be approved unless
3 1 evidence of a bona fide dispute exists concerning any
3 2 of the following:
3 3 1. The claimed injury arose out of or in the
3 4 course of the employment.
3 5 2. The injured employee gave notice under section
3 6 85.23.
3 7 3. Whether or not the statutes of limitations as
3 8 provided in section 85.26 have run. When the issue
3 9 involved is whether or not the statute of limitations
3 10 of section 85.26, subsection 2, has run, the final
3 11 disposition shall pertain to the right to weekly
3 12 compensation unless otherwise provided for in
3 13 subsection 7 of this section.
3 14 4. The injury was caused by the employee's willful
3 15 intent to injure the employee's self or to willfully
3 16 injure another.
3 17 5. Intoxication, which did not arise out of and in
3 18 the course of employment but which was due to the
3 19 effects of alcohol or another narcotic, depressant,
3 20 stimulant, hallucinogenic, or hypnotic drug not
3 21 prescribed by an authorized medical practitioner, was
3 22 a substantial factor in causing the employee's injury.
3 23 6. The injury was caused by the willful act of a
3 24 third party directed against the employee for reasons
3 25 personal to such employee.
3 26 7. This chapter or chapter 85A, 85B, 86 or 87
3 27 applies to the party making the claim.
3 28 8. A substantial portion of the claimed disability
3 29 is related to physical or mental conditions other than
3 30 those caused by the injury.
3 31 7. A settlement shall be approved by the workers'
3 32 compensation commissioner if the parties show all of
3 33 the following:
3 34 a. Substantial evidence exists to support the
3 35 terms of the settlement.
3 36 b. Waiver of the employee's right to a hearing,
3 37 decision, and statutory benefits is made knowingly by
3 38 the employee.
3 39 c. The settlement is a reasonable and informed
3 40 compromise of the competing interests of the parties.
3 41 If an employee is represented by legal counsel, it
3 42 is presumed that the required showing for approval of
3 43 the settlement has been made.
3 44 8. Approval of a settlement by the workers'
3 45 compensation commissioner shall be is binding on the
3 46 parties and shall not be construed as an original
3 47 proceeding. Notwithstanding any provisions of this
3 48 chapter and chapters 85A, 85B, 86 and 87, an approved
3 49 compromise settlement shall constitute a final bar to
3 50 any further rights arising under this chapter and
4 1 chapters 85A, 85B, 86, and 87. Such regarding the
4 2 subject matter of the compromise and a payment made
4 3 pursuant to a compromise settlement agreement shall
4 4 not be construed as the payment of weekly
4 5 compensation.
4 6 Sec. 4. Section 85.38, subsection 2, unnumbered
4 7 paragraph 2, Code 2005, is amended to read as follows:
4 8 If an employer denies liability under this chapter,
4 9 chapter 85A, or chapter 85B, for payment for any
4 10 medical services received or weekly compensation
4 11 requested by an employee with a disability, and the
4 12 employee is a beneficiary under either an individual
4 13 or group plan for nonoccupational illness, injury, or
4 14 disability, the nonoccupational plan shall not deny
4 15 payment for the medical services received or for
4 16 benefits under the plan on the basis that the
4 17 employer's liability for the medical services under
4 18 this chapter, chapter 85A, or chapter 85B is
4 19 unresolved.
4 20 Sec. 5. Section 85.71, Code 2005, is amended by
4 21 adding the following new subsection:
4 22 NEW SUBSECTION. 5. The employer has a place of
4 23 business in Iowa, and the employee is working under a
4 24 contract of hire which provides that the employee's
4 25 workers' compensation claims be governed by Iowa law.
4 26 Sec. 6. Section 86.24, subsection 4, Code 2005, is
4 27 amended to read as follows:
4 28 4. A transcript of a contested case proceeding
4 29 shall be provided to the workers' compensation
4 30 commissioner by an appealing party at the party's cost
4 31 and an affidavit shall be filed by the appealing party
4 32 or the party's attorney with the workers' compensation
4 33 commissioner within ten days after the filing of the
4 34 appeal to the workers' compensation commissioner
4 35 stating that the transcript has been ordered and
4 36 identifying the name and address of the reporter or
4 37 reporting firm from which the transcript has been
4 38 ordered.
4 39 Sec. 7. NEW SECTION. 86.45 CONFIDENTIAL
4 40 INFORMATION.
4 41 1. "Confidential information", for the purposes of
4 42 this section, means all information that is filed with
4 43 the workers' compensation commissioner as a result of
4 44 an employee's injury or death that would allow the
4 45 identification of the employee or the employee's
4 46 dependents. Confidential information includes first
4 47 reports of injury and subsequent reports of claim
4 48 activity. Confidential information does not include
4 49 pleadings, motions, decisions, opinions, or
4 50 applications for settlement that are filed with the
5 1 workers' compensation commissioner.
5 2 2. The workers' compensation commissioner shall
5 3 not disclose confidential information except as
5 4 follows:
5 5 a. Pursuant to the terms of a written waiver of
5 6 confidentiality executed by the employee or the
5 7 dependents of the employee whose information is filed
5 8 with the workers' compensation commissioner.
5 9 b. To another governmental agency, or to an
5 10 advisory, rating, or research organization, for the
5 11 purpose of compiling statistical data, evaluating the
5 12 state's workers' compensation system, or conducting
5 13 scientific, medical, or public policy research, where
5 14 such disclosure will not allow the identification of
5 15 the employee or the employee's dependents.
5 16 c. To the employee or to the agent or attorney of
5 17 the employee whose information is filed with the
5 18 workers' compensation commissioner.
5 19 d. To the person or to the agent of the person who
5 20 submitted the information to the workers' compensation
5 21 commissioner.
5 22 e. To an agent, representative, attorney,
5 23 investigator, consultant, or adjuster of an employer,
5 24 or insurance carrier or third=party administrator of
5 25 workers' compensation benefits, who is involved in
5 26 administering a claim for such benefits related to the
5 27 injury or death of the employee whose information is
5 28 filed with the workers' compensation commissioner.
5 29 f. To all parties to a contested case proceeding
5 30 before the workers' compensation commissioner in which
5 31 the employee or a dependent of the employee, whose
5 32 information is filed with the workers' compensation
5 33 commissioner, is a party.
5 34 g. In compliance with a subpoena.
5 35 h. To an agent, representative, attorney,
5 36 investigator, consultant, or adjuster of the employee,
5 37 employer, or insurance carrier or third=party
5 38 administrator of insurance benefits, who is involved
5 39 in administering a claim for insurance benefits
5 40 related to the injury or death of the employee whose
5 41 information is filed with the workers' compensation
5 42 commissioner.
5 43 i. To another governmental agency that is charged
5 44 with the duty of enforcing liens or rights of
5 45 subrogation or indemnity.
5 46 3. This section does not create a cause of action
5 47 for a violation of its provisions against the workers'
5 48 compensation commissioner or against the state or any
5 49 governmental subdivision of the state.
5 50 Sec. 8. Section 87.11, unnumbered paragraph 1,
6 1 Code 2005, is amended to read as follows:
6 2 When an employer coming under this chapter
6 3 furnishes satisfactory proofs to the insurance
6 4 commissioner of such employer's solvency and financial
6 5 ability to pay the compensation and benefits as by law
6 6 provided and to make such payments to the parties when
6 7 entitled thereto, or when such employer deposits with
6 8 the insurance commissioner security satisfactory to
6 9 the insurance commissioner and the workers'
6 10 compensation commissioner as guaranty for the payment
6 11 of such compensation, such employer shall be relieved
6 12 of the provisions of this chapter requiring insurance;
6 13 but such employer shall, from time to time, furnish
6 14 such additional proof of solvency and financial
6 15 ability to pay as may be required by such insurance
6 16 commissioner or workers' compensation commissioner.
6 17 Such security shall be held in trust for the sole
6 18 purpose of paying compensation and benefits and is not
6 19 subject to attachment, levy, execution, garnishment,
6 20 liens, or any other form of encumbrance. However, the
6 21 insurance commissioner shall be reimbursed from the
6 22 security for all costs and fees incurred by the
6 23 insurance commissioner in resolving disputes involving
6 24 the security. A political subdivision, including a
6 25 city, county, community college, or school
6 26 corporation, that is self=insured for workers'
6 27 compensation is not required to submit a plan or
6 28 program to the insurance commissioner for review and
6 29 approval.
6 30 Sec. 9. Section 87.14A, Code 2005, is amended to
6 31 read as follows:
6 32 87.14A INSURANCE OR BOND REQUIRED.
6 33 An employer subject to this chapter and chapters
6 34 85, 85A, 85B, and 86 shall not engage in business
6 35 without first obtaining insurance covering
6 36 compensation benefits or obtaining relief from
6 37 insurance as provided in this chapter or furnishing a
6 38 bond pursuant to section 87.16. A person who
6 39 willfully and knowingly violates this section is
6 40 guilty of a class "D" felony.
6 41 Sec. 10. Section 87.19, unnumbered paragraph 1,
6 42 Code 2005, is amended to read as follows:
6 43 Upon the receipt of information by the workers'
6 44 compensation commissioner of any employer failing to
6 45 comply with sections 87.16 and 87.17 section 87.14A,
6 46 the commissioner shall at once notify such employer by
6 47 certified mail that unless such employer comply with
6 48 the requirements of law, legal proceedings will be
6 49 instituted to enforce such compliance.
6 50 Sec. 11. Section 87.20, Code 2005, is amended to
7 1 read as follows:
7 2 87.20 REVOCATION OF RELEASE FROM INSURANCE.
7 3 The insurance commissioner with the concurrence of
7 4 the workers' compensation commissioner may, at any
7 5 time, upon reasonable notice to such employer and upon
7 6 hearing, revoke for cause any order theretofore made
7 7 relieving any employer from carrying insurance as
7 8 provided by this chapter.
7 9 Sec. 12. Section 91A.3, subsection 3, Code 2005,
7 10 is amended to read as follows:
7 11 3. The wages paid under subsection 1 shall be sent
7 12 to the employee by mail or be paid at the employee's
7 13 normal place of employment during normal employment
7 14 hours or at a place and hour mutually agreed upon by
7 15 the employer and employee, or the employee may elect
7 16 to have the wages sent for direct deposit, on or by
7 17 the regular payday of the employee, into a financial
7 18 institution designated by the employee. An employer
7 19 shall not require a current employee to participate in
7 20 direct deposit. The employer may require, as a
7 21 condition of hire, a new employee to sign up for
7 22 direct deposit of the employee's wages in a financial
7 23 institution of the employee's choice unless either of
7 24 the following conditions exist:
7 25 a. The costs to the employee of establishing and
7 26 maintaining an account for purposes of the direct
7 27 deposit would effectively reduce the employee's wages
7 28 to a level below the minimum wage provided under
7 29 section 91D.1.
7 30 b. The provisions of a collective bargaining
7 31 agreement mutually agreed upon by the employer and the
7 32 employee organization prohibit the employer from
7 33 requiring an employee to sign up for direct deposit as
7 34 a condition of hire.
7 35 Sec. 13. Section 91A.6, Code 2005, is amended by
7 36 adding the following new subsection:
7 37 NEW SUBSECTION. 4. On each regular payday, the
7 38 employer shall send to each employee by mail or shall
7 39 provide at the employee's normal place of employment
7 40 during normal employment hours a statement showing the
7 41 hours the employee worked, the wages earned by the
7 42 employee, and deductions made for the employee. An
7 43 employer who provides each employee access to view an
7 44 electronic statement of the employee's earnings and
7 45 provides the employee free and unrestricted access to
7 46 a printer to print the employee's statement of
7 47 earnings, if the employee chooses, is in compliance
7 48 with this subsection.
7 49 Sec. 14. Sections 87.16 and 87.17, Code 2005, are
7 50 repealed.>
8 1 #3. Title page, line 1, by inserting after the
8 2 word <to> the following: <employment, including the
8 3 payment of weekly workers' compensation benefits,
8 4 workers' compensation settlements and filings, and>.
8 5 #4. Title page, lines 2 and 3, by striking the
8 6 words <a civil penalty> and inserting the following:
8 7 <civil penalties>.
8 8 #5. By renumbering as necessary.
8 9
8 10
8 11
8 12 WILLIAM A. DOTZLER
8 13 SF 415.301 81
8 14 kh/cf/2446
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