Senate Study Bill 1204 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 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 1823XC 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 1823XC 82 1 31 av:rj/je/5