House File 247
HOUSE FILE
BY CONNORS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act making changes to workers' compensation laws in Iowa.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1838HH 80
4 av/cl/14
PAG LIN
1 1 Section 1. Section 85.27, subsection 6, Code 2003, is
1 2 amended to read as follows:
1 3 6. While a contested case proceeding for determination of
1 4 liability for workers' compensation benefits is pending before
1 5 the workers' compensation commissioner relating to an injury
1 6 alleged to have given rise to treatment, no debt collection,
1 7 as defined by section 537.7102, shall be undertaken against an
1 8 employee or the employee's dependents for the collection of
1 9 charges for that treatment rendered an employee by any health
1 10 service provider. However, the health service provider may
1 11 send one itemized written bill to the employee setting forth
1 12 the amount of the charges in connection with the treatment
1 13 after notification of the contested case proceeding. A person
1 14 who violates this subsection is subject to the same civil
1 15 damages or penalties to which an employee is specifically
1 16 entitled for violations of section 537.7103.
1 17 Sec. 2. Section 85.33, subsection 4, Code 2003, is amended
1 18 to read as follows:
1 19 4. If an employee is entitled to temporary partial
1 20 benefits under subsection 3 of this section, the employer for
1 21 whom the employee was working at the time of injury shall pay
1 22 to the employee weekly compensation benefits, as provided in
1 23 section 85.32, for and during the period of temporary partial
1 24 disability. The temporary partial benefit shall be sixty=six
1 25 and two=thirds percent of the difference between the
1 26 employee's weekly earnings at the time of injury, computed in
1 27 compliance with section 85.36, and the employee's actual gross
1 28 weekly income from employment during the period of temporary
1 29 partial disability. If at the time of injury an employee is
1 30 paid on the basis of the output of the employee, with a
1 31 minimum guarantee pursuant to a written employment agreement,
1 32 the minimum guarantee shall be used as the employee's weekly
1 33 earnings at the time of injury. However, the weekly
1 34 compensation benefits shall not exceed the payments to which
1 35 the employee would be entitled under section 85.36 or section
2 1 85.37, or under subsection 1 of this section.
2 2 Sec. 3. Section 85.38, subsection 2, unnumbered paragraph
2 3 2, Code 2003, is amended to read as follows:
2 4 If an employer denies liability under this chapter, chapter
2 5 85A, or chapter 85B, for payment for any medical services
2 6 received or weekly compensation requested by an employee with
2 7 a disability, and the employee is a beneficiary under either
2 8 an individual or group plan for nonoccupational illness,
2 9 injury, or disability, the nonoccupational plan shall not deny
2 10 payment for the medical services received of benefits under
2 11 the plan on the basis that the employer's liability for the
2 12 medical services under this chapter, chapter 85A, or chapter
2 13 85B is unresolved.
2 14 Sec. 4. Section 85.48, Code 2003, is amended to read as
2 15 follows:
2 16 85.48 PARTIAL COMMUTATION.
2 17 When partial commutation is ordered, the workers'
2 18 compensation commissioner shall fix the lump sum to be paid at
2 19 an amount which will equal the future payments for the period
2 20 commuted, capitalized at their present value upon the basis of
2 21 interest at the rate provided in section 535.3 for court
2 22 judgments and decrees, with provisions. Provisions shall be
2 23 made for the payment of weekly compensation not included in
2 24 the commutation, subject to the law applicable to such unpaid
2 25 weekly payments; with all remaining payments, if any, to be
2 26 paid at over the same period of time as though the commutation
2 27 had not been made by either eliminating weekly payments for
2 28 the first or last part of the payment period or by a pro rata
2 29 reduction in the weekly benefit amount over the entire payment
2 30 period.
2 31 Sec. 5. Section 85.55, Code 2003, is amended to read as
2 32 follows:
2 33 85.55 WAIVERS PROHIBITED == PHYSICAL DEFECTS.
2 34 No An employee or dependent to whom this chapter applies,
2 35 shall not have power to waive any of the provisions of this
3 1 chapter in regard to the amount of compensation which may be
3 2 payable to such employee or dependent hereunder. However, any
3 3 person who has some physical defect which increases the risk
3 4 of injury, may, subject to the approval of the workers'
3 5 compensation commissioner, enter into a written agreement with
3 6 the employee's employer waiving compensation for injuries
3 7 which may occur directly or indirectly because of such
3 8 physical defect, provided, however, that such waiver shall not
3 9 affect the employee's benefits to be paid from the second
3 10 injury fund under the provisions of section 85.64.
3 11 Sec. 6. Section 86.24, subsection 4, Code 2003, is amended
3 12 to read as follows:
3 13 4. A transcript of a contested case proceeding shall be
3 14 provided by an appealing party at the party's cost and an
3 15 affidavit shall be filed by the appealing party or the party's
3 16 attorney with the workers' compensation commissioner within
3 17 ten days after the filing of the appeal to the workers'
3 18 compensation commissioner stating that the transcript has been
3 19 ordered and identifying the name and address of the reporter
3 20 or reporting firm from which the transcript has been ordered.
3 21 Sec. 7. Section 87.8, Code 2003, is amended to read as
3 22 follows:
3 23 87.8 INSOLVENCY CLAUSE PROHIBITED.
3 24 No A policy of insurance issued under this chapter shall
3 25 not contain any provision relieving the insurer from payment
3 26 if the insured becomes insolvent or discharged in bankruptcy
3 27 during the period that the policy is in operation, or the
3 28 compensation, or any part of it, is unpaid, notwithstanding
3 29 any deductible that is provided for in the policy.
3 30 EXPLANATION
3 31 This bill makes several changes to workers' compensation
3 32 laws in this state. Code section 85.27, subsection 6, is
3 33 amended to provide that a person who tries to collect debts
3 34 for medical treatment rendered to an employee while a
3 35 contested case for workers' compensation benefits is pending,
4 1 in violation of this subsection, is subject to the same civil
4 2 damages or penalties to which an employee is entitled for
4 3 violations of Code section 537.7103 including actual damages
4 4 and a penalty in an amount determined by the court of not less
4 5 than $100 nor more than $1,000 pursuant to Code section
4 6 537.5201, subsection 1, paragraph "y".
4 7 Code Section 85.33, subsection 4, is amended to remove a
4 8 provision applicable to employees who work on the basis of
4 9 output or piecework which provides that such an injured
4 10 employee's minimum guarantee of pay instead of actual earnings
4 11 would be used to calculate the employee's weekly compensation
4 12 rate for temporary partial workers' compensation benefits.
4 13 Code section 85.38, subsection 2, is amended to provide
4 14 that weekly wage replacement benefits for an injured worker
4 15 will be treated the same as medical benefits so that if an
4 16 employee has both group disability and workers' compensation
4 17 coverage but the employer denies workers' compensation
4 18 coverage, the group disability carrier will pay benefits to
4 19 the injured employee until the workers' compensation liability
4 20 is resolved without prejudicing the rights of either the
4 21 employer or the employee.
4 22 Code section 85.48 is amended to provide, in a partial
4 23 commutation of benefits, an option to pay the claimant's
4 24 remaining weekly payments either by eliminating weekly
4 25 payments for the first or last part of the payment period or
4 26 by reducing the weekly benefit amount on a pro rata basis over
4 27 the entire payment period.
4 28 Code section 85.55 is amended to remove language that
4 29 allowed an employee with a preexisting physical defect that
4 30 increased the employee's risk of injury to enter into a
4 31 written agreement with an employer waiving workers'
4 32 compensation benefits for injuries that might occur at work
4 33 resulting either directly or indirectly from the employee's
4 34 physical defect.
4 35 Code section 86.24, subsection 4, is amended to remove the
5 1 requirement that a party appealing a workers' compensation
5 2 contested case proceeding must file an affidavit with the
5 3 workers' compensation commissioner stating that the party has
5 4 ordered the hearing transcript and identifying the court
5 5 reporter from whom the transcript has been ordered.
5 6 Code section 87.8 is amended to provide that if an employer
5 7 becomes insolvent or is discharged in bankruptcy, the
5 8 insurance carrier that issued the employer's workers'
5 9 compensation policy is responsible for all liability to an
5 10 injured employee pursuant to the insurance policy even if the
5 11 policy contains a deductible payable by the employer.
5 12 LSB 1838HH 80
5 13 av/cl/14