Senate
File
138
-
Introduced
SENATE
FILE
138
BY
BOULTON
,
GIDDENS
,
BOLKCOM
,
BISIGNANO
,
TRONE
GARRIOTT
,
MATHIS
,
JOCHUM
,
QUIRMBACH
,
HOGG
,
PETERSEN
,
J.
SMITH
,
RAGAN
,
WAHLS
,
and
DOTZLER
A
BILL
FOR
An
Act
relating
to
the
rights
of
employees
infected
with
1
COVID-19
under
the
state
workers’
compensation
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1285XS
(7)
89
je/rn
S.F.
138
Section
1.
NEW
SECTION
.
85.73
COVID-19
——
personal
injury.
1
1.
For
purposes
of
this
section,
“COVID-19”
means
the
same
2
as
defined
in
section
686D.2.
3
2.
A
rebuttable
presumption
exists
that
an
employee’s
4
COVID-19
infection
is
a
personal
injury
arising
out
of
and
in
5
the
course
of
employment
under
this
chapter.
6
3.
An
employer
shall
pay
an
employee
with
a
COVID-19
7
infection
that
is
a
personal
injury
arising
out
of
and
in
8
the
course
of
employment
a
minimum
of
two
weeks
of
weekly
9
compensation
benefits
pursuant
to
section
85.33,
subsection
1,
10
to
allow
for
a
period
of
recovery
and
to
minimize
infections
11
of
other
employees.
The
minimum
weekly
compensation
benefits
12
provided
in
this
subsection
shall
not
be
construed
to
limit
any
13
compensation
or
other
benefits
available
to
an
injured
employee
14
pursuant
to
this
chapter
or
chapter
86.
15
Sec.
2.
Section
686D.8,
subsection
3,
Code
2021,
is
amended
16
to
read
as
follows:
17
3.
Affect
the
rights
or
limits
under
workers’
either
of
the
18
following:
19
a.
Workers’
compensation
as
provided
in
chapter
85
,
85A
,
or
20
85B
,
or
the
except
as
provided
in
section
85.73.
21
b.
The
rights
or
limits
related
to
police
officers
or
fire
22
fighters
under
chapter
410
or
411
.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
Under
current
law,
Code
chapter
686D,
the
COVID-19
response
27
and
back-to-business
limited
liability
Act,
shall
not
be
28
construed
to
affect
the
rights
or
limits
under
workers’
29
compensation.
30
This
bill
provides
that
a
rebuttable
presumption
exists
that
31
an
employee’s
COVID-19
infection
is
a
personal
injury
arising
32
out
of
and
in
the
course
of
employment
for
purposes
of
workers’
33
compensation.
34
The
bill
requires
that
an
employer
pay
an
employee
with
35
-1-
LSB
1285XS
(7)
89
je/rn
1/
2
S.F.
138
a
COVID-19
infection
that
is
a
personal
injury
arising
out
1
of
and
in
the
course
of
employment
a
minimum
of
two
weeks
of
2
weekly
compensation
benefits
to
allow
for
a
period
of
recovery
3
and
to
minimize
infections
of
other
employees.
Such
benefits
4
shall
not
be
construed
to
limit
any
other
workers’
compensation
5
available
to
an
injured
employee.
6
-2-
LSB
1285XS
(7)
89
je/rn
2/
2