House
File
2065
-
Introduced
HOUSE
FILE
2065
BY
SHERMAN
A
BILL
FOR
An
Act
relating
to
workers’
compensation
claims
for
mental
1
injuries.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5058YH
(6)
90
je/js
H.F.
2065
Section
1.
NEW
SECTION
.
85.17
Mental
injury.
1
1.
In
order
for
an
injury
of
a
purely
mental
nature
that
is
2
not
associated
with
any
physical
injury
to
be
compensable
under
3
this
chapter,
the
employee
claiming
the
injury
must
establish
4
that
the
injury
was
caused
by
workplace
stress
of
greater
5
magnitude
than
the
day-to-day
mental
stresses
experienced
6
by
other
employees
employed
in
the
same
or
similar
jobs,
7
regardless
of
whether
such
employees
are
employed
by
the
same
8
employer.
9
2.
Subsection
1
applies
in
addition
to
all
other
10
requirements
of
this
chapter.
Subsection
1
does
not
apply
11
to
an
employee
who
is
an
emergency
medical
care
provider
12
as
defined
in
section
147A.1,
a
fire
fighter,
or
a
peace
13
officer
as
defined
in
section
801.4
if
a
court
determines
14
that
the
employee’s
workplace
stress
was
due
to
extreme
15
circumstances
related
to
the
employee’s
employment
in
one
of
16
these
occupations.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
establishes
a
requirement
for
an
employee
claiming
21
workers’
compensation
for
an
injury
of
a
purely
mental
nature
22
that
is
not
associated
with
any
physical
injury.
In
order
for
23
such
an
injury
to
be
compensable,
the
employee
claiming
the
24
injury
must
establish
that
the
injury
was
caused
by
workplace
25
stress
of
greater
magnitude
than
the
day-to-day
mental
stresses
26
experienced
by
other
employees
employed
in
the
same
or
similar
27
jobs,
regardless
of
whether
such
employees
are
employed
by
the
28
same
employer.
29
This
requirement
applies
in
addition
to
all
other
30
requirements
for
workers’
compensation
claims
under
Code
31
chapter
85.
The
requirement
does
not
apply
to
an
employee
32
who
is
an
emergency
medical
care
provider,
a
fire
fighter,
33
or
a
peace
officer
if
a
court
determines
that
the
employee’s
34
workplace
stress
was
due
to
extreme
circumstances
related
to
35
-1-
LSB
5058YH
(6)
90
je/js
1/
2
H.F.
2065
the
employee’s
employment
in
one
of
these
occupations.
1
-2-
LSB
5058YH
(6)
90
je/js
2/
2