Senate Study Bill 1205 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CHAPMAN) A BILL FOR An Act relating to the definition of personal injuries arising 1 out of and in the course of the employment for the purposes 2 of compensable acts for workers’ compensation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2102XC (6) 88 asf/rn
S.F. _____ Section 1. Section 85.61, subsection 7, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. Personal injuries due to idiopathic or 3 unexplained falls onto a surface level do not arise out of and 4 in the course of employment and are not compensable under this 5 chapter. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the definition of personal injuries 10 arising out of and in the course of the employment for the 11 purposes of compensable acts for workers’ compensation. 12 Current law provides that the words “personal injury arising 13 out of and in the course of the employment” shall include 14 injuries to employees whose services are being performed 15 on, in, or about the premises which are occupied, used, or 16 controlled by the employer, and also injuries to those who are 17 engaged elsewhere in places where their employer’s business 18 requires their presence and subjects them to dangers incident 19 to the business. Current law also provides that personal 20 injuries sustained by a volunteer fire fighter arise in the 21 course of employment if the injuries are sustained at any time 22 from the time the volunteer fire fighter is summoned to duty 23 as a volunteer fire fighter until the time the volunteer fire 24 fighter is discharged from duty by the chief of the volunteer 25 fire department or the chief’s designee. Finally, current law 26 provides that personal injuries sustained by emergency medical 27 care providers as defined in Code section 147A.1 arise in the 28 course of employment if the injuries are sustained at any time 29 from the time the emergency medical care providers are summoned 30 to duty until the time those duties have been fully discharged. 31 The bill provides that personal injuries due to idiopathic 32 or unexplained falls onto a surface level do not arise out of 33 and in the course of employment and are not compensable under 34 Code chapter 85. 35 -1- LSB 2102XC (6) 88 asf/rn 1/ 1