House Study Bill 281

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            COMMERCE, REGULATION
                                            AND LABOR BILL BY
                                            CHAIRPERSON HANSEN)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act modifying workers' compensation disability coverage in
  2    certain instances.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2285YC 80
  5 av/cl/14

PAG LIN

  1  1    Section 1.  Section 85.34, subsection 2, unnumbered
  1  2 paragraph 1, Code 2003, is amended to read as follows:
  1  3    Compensation for permanent partial disability shall begin
  1  4 at the termination of the healing period provided in
  1  5 subsection 1.  The compensation shall be in addition to the
  1  6 benefits provided by sections 85.27 and 85.28.  The
  1  7 compensation shall be based only upon the extent of the
  1  8 disability related to the injury received and upon the basis
  1  9 of eighty percent per week of the employee's average spendable
  1 10 weekly earnings, but not more than a weekly benefit amount,
  1 11 rounded to the nearest dollar, equal to one hundred eighty=
  1 12 four percent of the statewide average weekly wage paid
  1 13 employees as determined by the department of workforce
  1 14 development under section 96.19, subsection 36, and in effect
  1 15 at the time of the injury.  The minimum weekly benefit amount
  1 16 shall be equal to the weekly benefit amount of a person whose
  1 17 gross weekly earnings are thirty=five percent of the statewide
  1 18 average weekly wage.  For all cases of permanent partial
  1 19 disability compensation shall be paid as follows:
  1 20    Sec. 2.  Section 85B.4, subsection 3, Code 2003, is amended
  1 21 to read as follows:
  1 22    3.  "Occupational hearing loss" means that portion of a
  1 23 permanent sensorineural loss of hearing in one or both ears
  1 24 that exceeds an average hearing level of twenty=five decibels
  1 25 for the frequencies five hundred, one thousand, two thousand,
  1 26 and three thousand Hertz, arising out of and in the course of
  1 27 employment caused by excessive noise exposure.  "Occupational
  1 28 hearing loss" includes all injury, hearing loss, and
  1 29 disability caused by tinnitus.  "Occupational hearing loss"
  1 30 does not include loss of hearing attributable to age or any
  1 31 other condition or exposure not arising out of and in the
  1 32 course of employment.
  1 33    Sec. 3. Section 85B.6, Code 2003, is amended to read as
  1 34 follows:
  1 35    85B.6  MAXIMUM COMPENSATION.
  2  1    Compensation is payable for a maximum of one hundred
  2  2 seventy=five weeks for total occupational hearing loss.  For
  2  3 partial occupational hearing loss compensation is payable for
  2  4 a period proportionate to the relation which the calculated
  2  5 binaural, both ears, hearing loss bears to one hundred
  2  6 percent, or total loss of hearing.  An occupational hearing
  2  7 loss that is accompanied by tinnitus may be assessed at an
  2  8 additional percentage hearing loss of up to and including five
  2  9 percent, upon a showing that the tinnitus substantially limits
  2 10 the employee's ability to perform one or more major life
  2 11 activities.
  2 12                           EXPLANATION
  2 13    This bill modifies workers' compensation disability
  2 14 coverage in certain circumstances.  The bill provides that
  2 15 workers' compensation for permanent partial disability shall
  2 16 be based only upon the extent of the disability related to the
  2 17 work=related injury received.
  2 18    The bill provides that an "occupational hearing loss"
  2 19 includes all injury, hearing loss, and disability caused by
  2 20 tinnitus.  The bill also provides that an employee with an
  2 21 occupational hearing loss that is accompanied by tinnitus may
  2 22 be assessed at an additional percentage hearing loss of up to
  2 23 and including 5 percent, upon a showing that the tinnitus
  2 24 substantially limits the employee's ability to perform one or
  2 25 more major life activities.
  2 26 LSB 2285YC 80
  2 27 av/cl/14