House File 775 - Introduced
HOUSE FILE
BY COMMITTEE ON LABOR
(SUCCESSOR TO HSB 247)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring additional workers' compensation payments for
2 scheduled injuries that result in a reduction in the injured
3 employee's earning capacity.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1884HV 83
6 av/rj/14
PAG LIN
1 1 Section 1. Section 85.34, subsection 2, Code 2009, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. w. If an employee sustains an injury
1 4 described in paragraphs "a" through "t" and is unable to
1 5 return to employment providing substantially similar earnings
1 6 to the earnings provided in the employment in which the
1 7 employee was engaged at the time of the injury, compensation
1 8 shall be paid during the number of weeks in relation to five
1 9 hundred weeks as the reduction in the employee's earning
1 10 capacity bears in relation to the earning capacity that the
1 11 employee possessed when the injury occurred. If the employee
1 12 is permanently and totally disabled as a result of such an
1 13 injury the employee may be entitled to benefits under
1 14 subsection 3.
1 15 Sec. 2. Section 85.64, Code 2009, is amended to read as
1 16 follows:
1 17 85.64 LIMITATION OF BENEFITS.
1 18 1. If an employee who has previously lost, or lost the use
1 19 of, one hand, one arm, one foot, one leg, or one eye, becomes
1 20 permanently disabled by a compensable injury which has
1 21 resulted in the loss of or loss of use of another such member
1 22 or organ and which does not cause the employee to be eligible
1 23 for benefits under section 85.34, subsection 2, paragraph "w",
1 24 the employer shall be liable only for the degree of disability
1 25 which would have resulted from the latter injury if there had
1 26 been no preexisting disability. In addition to such
1 27 compensation, and after the expiration of the full period
1 28 provided by law for the payments thereof by the employer, the
1 29 employee shall be paid out of the "Second Injury Fund" created
1 30 by this division the remainder of such compensation as would
1 31 be payable for the degree of permanent disability involved
1 32 after first deducting from such remainder the compensable
1 33 value of the previously lost member or organ.
1 34 2. Any benefits received by any such employee, or to which
1 35 the employee may be entitled, by reason of such increased
2 1 disability from any state or federal fund or agency, to which
2 2 said employee has not directly contributed, shall be regarded
2 3 as a credit to any award made against said second injury fund
2 4 as aforesaid.
2 5 EXPLANATION
2 6 This bill amends Code section 85.34 to provide that for
2 7 purposes of workers' compensation, an employee who sustains a
2 8 scheduled injury and is unable to return to employment
2 9 providing substantially similar earnings to that of the
2 10 preinjury employment earning capacity, shall be paid
2 11 compensation during the number of weeks in relation to 500
2 12 weeks as the reduction in the employee's earning capacity
2 13 caused by the disability bears in relation to the earning
2 14 capacity that the employee possessed when the injury occurred.
2 15 The bill also amends Code section 85.64 to provide that an
2 16 employee who has previously sustained a loss of a body part
2 17 and then becomes permanently disabled when that injury is
2 18 combined with a second compensable injury is entitled to
2 19 compensation out of the state second injury fund as long as
2 20 that second compensable injury alone does not cause the
2 21 employee to be unable to return to substantially similar
2 22 employment and thus be eligible for benefits under the new
2 23 paragraph "w" in Code section 85.34(2).
2 24 LSB 1884HV 83
2 25 av/rj/14