House File 359 - Introduced



                                       HOUSE FILE       
                                       BY  WENTHE


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

                                      A BILL FOR

  1 An Act relating to the rights and remedies of an employee injured
  2    in an aircraft accident against an employer.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1141YH 83
  5 av/nh/8

PAG LIN



  1  1    Section 1.  Section 85.20, subsection 1, Code 2009, is
  1  2 amended to read as follows:
  1  3    1.  Against the employee's employer.  However, this
  1  4 limitation does not apply to a personal injury sustained by an
  1  5 employee during transportation by air provided by the
  1  6 employee's employer for purposes related to the employee's
  1  7 employment if such injury arises out of and in the course of
  1  8 the employment and the employer does not ensure that such
  1  9 transportation is provided via a properly maintained aircraft
  1 10 by properly licensed pilots and other required licensed
  1 11 aircraft personnel.  Under such circumstances it shall be
  1 12 presumed that the injury to the employee was the direct result
  1 13 and growing out of the negligence of the employer and that the
  1 14 negligence was the proximate cause of the injury.  The burden
  1 15 of proof shall rest upon the employer to rebut the presumption
  1 16 of negligence and the employer shall not be permitted to plead
  1 17 or rely upon any defense of the common law, including the
  1 18 defenses of contributory negligence and assumption of risk.
  1 19                           EXPLANATION
  1 20    This bill provides that the rights and remedies provided by
  1 21 the state's workers' compensation laws are not the exclusive
  1 22 remedy of an employee who is injured during air transportation
  1 23 provided by the employee's employer for purposes related to
  1 24 the employee's employment if the injury arises out of and in
  1 25 the course of the employment and the employer has not ensured
  1 26 that the transportation is provided via a properly maintained
  1 27 aircraft by properly licensed pilots and other required
  1 28 licensed aircraft personnel.  Under such circumstances it is
  1 29 presumed that the injury to the employee was the direct result
  1 30 and growing out of the negligence of the employer and that the
  1 31 negligence was the proximate cause of the injury.  The burden
  1 32 of proof rests upon the employer to rebut the presumption of
  1 33 negligence and the employer is not permitted to plead or rely
  1 34 upon any defense of the common law, including the defense of
  1 35 contributory negligence and assumption of risk.
  2  1 LSB 1141YH 83
  2  2 av/nh/8