House File 676 - Introduced



                                     HOUSE FILE       
                                     BY  COMMITTEE ON LABOR

                                     (SUCCESSOR TO HSB 98)


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

                                      A BILL FOR

  1 An Act relating to proceedings to reopen an award or agreement
  2    for settlement of workers' compensation benefits.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1823HV 82
  5 av/je/5

PAG LIN



  1  1    Section 1.  Section 86.14, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  In a proceeding to reopen an award for payments or
  1  4 agreement for settlement as provided by section 86.13, inquiry
  1  5 shall be into whether or not the condition of the employee
  1  6 warrants an end to, diminishment of, or increase of
  1  7 compensation so awarded or agreed upon.  A factor that could
  1  8 have been considered by the parties in assessing the extent of
  1  9 the reduction in the employee's earning capacity and that
  1 10 existed or was known about by the parties at the time of the
  1 11 prior award or agreement for settlement shall not bar a
  1 12 proceeding to reopen the award or agreement unless the factor
  1 13 was considered by the parties at the time of the award or
  1 14 agreement and was properly reflected in the amount of
  1 15 compensation paid.  Such factors shall include but are not
  1 16 limited to a change in the claimant's underlying medical
  1 17 condition, cessation of accommodation by the claimant's
  1 18 employer, a change in economic factors, or a change in other
  1 19 factors considered in assessing the extent of the reduction in
  1 20 the employee's earning capacity.
  1 21                           EXPLANATION
  1 22    This bill amends Code section 86.14 to provide that a
  1 23 factor that could have been considered in assessing the extent
  1 24 of the reduction in the employee's earning capacity and that
  1 25 existed or was known about by the parties at the time of a
  1 26 prior award or agreement for settlement does not bar a
  1 27 proceeding to reopen such award or agreement unless the factor
  1 28 was considered and properly reflected in the amount of
  1 29 compensation paid.
  1 30 LSB 1823HV 82
  1 31 av:rj/je/5