Senate File 542 S-3145 Amend the amendment, S-3138, to Senate File 542, as follows: 1 1. Page 1, after line 1 by inserting: 2 < ___. Page 1, before line 1 by inserting: 3 < Section 1. Section 85.34, subsection 2, paragraph v, Code 4 2023, is amended to read as follows: 5 v. In all cases of permanent partial disability other than 6 those described or referred to in paragraphs “a” through “u” 7 and in cases where the employee is under eighteen years of 8 age , the compensation shall be paid during the number of weeks 9 in relation to five hundred weeks as the reduction in the 10 employee’s earning capacity caused by the disability bears in 11 relation to the earning capacity that the employee possessed 12 when the injury occurred. A determination of the reduction 13 in the employee’s earning capacity caused by the disability 14 shall take into account the permanent partial disability of 15 the employee and the number of years in the future it was 16 reasonably anticipated that the employee would work at the time 17 of the injury. If an employee who is eligible for compensation 18 under this paragraph returns to work or is offered work for 19 which the employee receives or would receive the same or 20 greater salary, wages, or earnings than the employee received 21 at the time of the injury, the employee shall be compensated 22 based only upon the employee’s functional impairment resulting 23 from the injury, and not in relation to the employee’s earning 24 capacity. Notwithstanding section 85.26, subsection 2 , if an 25 employee who is eligible for compensation under this paragraph 26 returns to work with the same employer and is compensated based 27 only upon the employee’s functional impairment resulting from 28 the injury as provided in this paragraph and is terminated 29 from employment by that employer, the award or agreement for 30 settlement for benefits under this chapter shall be reviewed 31 upon commencement of reopening proceedings by the employee 32 for a determination of any reduction in the employee’s 33 earning capacity caused by the employee’s permanent partial 34 disability. >> 35 -1- S 3138.1813 (2) 90 je/rn 1/ 2 #1.