House File 2569 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON LABOR

                                       (SUCCESSOR TO HSB 658)


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

                                      A BILL FOR

  1 An Act relating to the payment of certain medically related
  2    workers' compensation expenses and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6474HV 82
  5 av/nh/8

PAG LIN



  1  1    Section 1.  Section 86.13, Code 2007, is amended to read as
  1  2 follows:
  1  3    86.13  COMPENSATION PAYMENTS.
  1  4    1.  If an employer or insurance carrier pays weekly
  1  5 compensation benefits to an employee or pays benefits on
  1  6 behalf of an employee pursuant to section 85.27, the employer
  1  7 or insurance carrier shall file with the workers' compensation
  1  8 commissioner in the form and manner required by the workers'
  1  9 compensation commissioner a notice of the commencement of the
  1 10 payments.  The payments establish conclusively that the
  1 11 employer and insurance carrier have notice of the injury for
  1 12 which benefits are claimed but the payments do not constitute
  1 13 an admission of liability under this chapter or chapter 85,
  1 14 85A, or 85B.
  1 15    2.  If an employer or insurance carrier fails to file the
  1 16 notice required by this section, the failure stops the running
  1 17 of the time periods in section 85.26 as of the date of the
  1 18 first payment.  If commenced, the weekly compensation benefit
  1 19 payments shall be terminated only when the employee has
  1 20 returned to work, or upon thirty days' notice stating the
  1 21 reason for the termination and advising the employee of the
  1 22 right to file a claim with the workers' compensation
  1 23 commissioner.
  1 24    3.  This section does not prevent the parties from reaching
  1 25 an agreement for settlement regarding compensation.  However,
  1 26 the agreement is valid only if signed by all parties and
  1 27 approved by the workers' compensation commissioner.
  1 28    4.  If a delay in commencement or termination of weekly
  1 29 compensation benefits, or a delay in medical care provided to
  1 30 the claimant pursuant to section 85.27 occurs without
  1 31 reasonable or probable cause or excuse, the workers'
  1 32 compensation commissioner shall award benefits in addition to
  1 33 those benefits payable under this chapter, or chapter 85, 85A,
  1 34 or 85B, up to fifty percent of the amount of benefits that
  1 35 were unreasonably delayed or denied.
  2  1                           EXPLANATION
  2  2    This bill provides that if an employer or insurance carrier
  2  3 pays workers' compensation benefits on behalf of an employee
  2  4 pursuant to Code section 85.27, the employer or carrier must
  2  5 file notice of commencement of the payments with the workers'
  2  6 compensation commissioner.
  2  7    The bill also provides that if such benefits are delayed or
  2  8 terminated without reasonable or probable cause or excuse, the
  2  9 employer or carrier will be liable to pay additional benefits
  2 10 of up to 50 percent of the amount of the benefits that were
  2 11 unreasonably delayed or denied.
  2 12    Expenses payable pursuant to Code section 85.27 include
  2 13 reasonable surgical, medical, dental, osteopathic,
  2 14 chiropractic, podiatric, physical rehabilitation, nursing,
  2 15 ambulance and hospital services, and supplies, as well as
  2 16 reasonably necessary transportation expenses incurred for such
  2 17 services.
  2 18 LSB 6474HV 82
  2 19 av/nh/8