Senate Study Bill 1157 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            LABOR AND BUSINESS
                                            RELATIONS BILL BY
                                            CHAIRPERSON DEARDEN)


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

                                      A BILL FOR

  1 An Act concerning work=related injuries suffered and claims made
  2    outside of this state.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2062XC 82
  5 av/gg/14

PAG LIN



  1  1    Section 1.  Section 85.71, Code 2007, is amended to read as
  1  2 follows:
  1  3    85.71  INJURY OUTSIDE OF STATE.
  1  4    If an employee, while working outside the territorial
  1  5 limits of this state, suffers an injury on account of which
  1  6 the employee, or in the event of death, the employee's
  1  7 dependents, would have been entitled to the benefits provided
  1  8 by this chapter had such injury occurred within this state,
  1  9 such employee, or in the event of death resulting from such
  1 10 injury, the employee's dependents, shall be entitled to the
  1 11 benefits provided by this chapter, if at the time of such
  1 12 injury any of the following is applicable:
  1 13    1.  The employment is principally localized in this state,
  1 14 that is, the employee's employer has a place of business in
  1 15 this or some other state and the employee regularly works in
  1 16 this state, or if the employee's employer has a at or from
  1 17 that place of business in this state and the employee is
  1 18 domiciled in this state.
  1 19    2.  The employee is working under a contract of hire made
  1 20 in this state in employment not principally localized in any
  1 21 state and the employee spends a substantial part of the
  1 22 employee's working time working for the employer has a place
  1 23 of business in this state and the employee is domiciled in
  1 24 this state.
  1 25    3.  The employee is working under a contract of hire made
  1 26 in this state in employment principally localized in another
  1 27 state, whose workers' compensation law is not applicable to
  1 28 the employee's employer and the employee regularly works in
  1 29 this state.
  1 30    4.  The employee is working under a contract of hire made
  1 31 in this state and sustains an injury for which no remedy is
  1 32 available under the workers' compensation laws of another
  1 33 state.
  1 34    4.  5.  The employee is working under a contract of hire
  1 35 made in this state for employment outside the United States.
  2  1    5.  6.  The employer has a place of business in Iowa, and
  2  2 the employee is working under a contract of hire which
  2  3 provides that the employee's workers' compensation claims be
  2  4 governed by Iowa law.
  2  5    This section shall be construed to confer personal
  2  6 jurisdiction over an employee or employer to whom the section
  2  7 is applicable.
  2  8    Sec. 2.  Section 85.72, Code 2007, is amended to read as
  2  9 follows:
  2 10    85.72  CLAIMS FOR BENEFITS MADE OUTSIDE OF STATE ==
  2 11 RESTRICTIONS == CREDIT.
  2 12    1.  An employee, or an employee's dependents, shall not be
  2 13 entitled to benefits under this chapter if the employee or the
  2 14 employee's dependents have initiated a judicial proceeding or
  2 15 a contested case or other similar proceeding for the same
  2 16 injury, disability, or death pursuant to the laws of another
  2 17 state or country concerning workers' compensation, and the
  2 18 employee or the employee's dependents receive benefits
  2 19 following final resolution of the proceeding pursuant to a
  2 20 settlement, judgment, or award.
  2 21    2.  If an employee, or an employee's dependents, initiate a
  2 22 judicial proceeding or a contested case or other similar
  2 23 proceeding for benefits pursuant to the laws of another state
  2 24 or country concerning workers' compensation, any proceeding
  2 25 initiated by an employee, or an employee's dependents, for
  2 26 workers' compensation benefits under this chapter for the same
  2 27 injury, disability, or death shall be stayed, without
  2 28 prejudice, pending resolution of the out=of=state claim for
  2 29 benefits.
  2 30    3.  2.  If benefits are paid under this chapter and were
  2 31 payable, at any time, for the same injury, disability, or
  2 32 death pursuant to the laws of another state or country
  2 33 concerning workers' compensation, the employer shall have a
  2 34 credit toward the benefits payable under this chapter for any
  2 35 benefits paid in another state or country.  Benefits paid in
  3  1 another state or country constitute weekly compensation
  3  2 benefits for the purposes of sections 85.26 and 86.13.
  3  3                           EXPLANATION
  3  4    This bill concerns work=related injuries suffered and
  3  5 claims made outside of this state.
  3  6    Code section 85.71 is amended to allow workers'
  3  7 compensation claims to be made in this state for injuries
  3  8 suffered by an employee while working outside the state when:
  3  9 (1) the employer has a place of business in this state and the
  3 10 employee regularly works at or from that place of business;
  3 11 (2) the employer has a place of business in this state and the
  3 12 employee is domiciled in this state; (3) the employee is
  3 13 working under a contract of hire made in this state and
  3 14 sustains an injury for which no remedy is available under the
  3 15 workers' compensation laws of another state; (4) the employee
  3 16 is working under a contract of hire made in this state for
  3 17 employment outside the United States; and (5) the employer has
  3 18 a place of business in Iowa, and the employee is working under
  3 19 a contract of hire which provides that the employee's workers'
  3 20 compensation claims be governed by Iowa law.  The bill also
  3 21 provides that this section shall be construed to confer
  3 22 personal jurisdiction over an employee or employer to whom the
  3 23 section is applicable.
  3 24    Code section 85.72 is amended to delete a provision that
  3 25 required workers' compensation proceedings to be stayed in
  3 26 this state pending resolution of such claims made in another
  3 27 state or country.  The bill also provides that workers'
  3 28 compensation benefits paid in another state or country
  3 29 constitute weekly compensation benefits for the purposes of
  3 30 Code section 85.26, concerning limitation of actions, and Code
  3 31 section 86.13, concerning compensation payments.
  3 32 LSB 2062XC 82
  3 33 av:nh/gg/14