HF 2084 (LSB 5086YH (6) 83)

HOUSE FILE 2084

BY  HORBACH

A BILL FOR

An Act relating to exclusion of injuries incurred in certain voluntary recreational programs from workers’ compensation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 85.16, Code 2009, is amended to read as follows:
   85.16  Willful injury —— intoxication —— voluntary recreation.

   No compensation under this chapter shall be allowed for an injury caused:

   1.  By the employee’s willful intent to injure the employee’s self or to willfully injure another.
   2.  By the employee’s intoxication, which did not arise out of and in the course of employment but which was due to the effects of alcohol or another narcotic, depressant, stimulant, hallucinogenic, or hypnotic drug not prescribed by an authorized medical practitioner, if the intoxication was a substantial factor in causing the injury.
   3.  By the willful act of a third party directed against the employee for reasons personal to such employee.
   4.  By the employee’s participation in voluntary recreational programs including but not limited to athletic events, parties, and picnics even though the employer pays some or all of the cost of such programs. This exclusion shall not apply if the injured employee was ordered or assigned by the employer to participate in the program.
EXPLANATION
   This bill provides that injuries incurred by an employee while participating in voluntary recreational programs such as athletic events, parties, and picnics are not compensable under workers’ compensation even though the employer pays some or all of the cost of such programs. The exclusion is not applicable if the injured employee was ordered or assigned by the employer to participate in the program.