Senate
File
2100
-
Introduced
SENATE
FILE
2100
BY
BOULTON
A
BILL
FOR
An
Act
relating
to
workers’
compensation
benefits
involving
1
violations
of
occupational
safety
and
health
or
child
labor
2
laws,
providing
penalties,
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
85.15
Child
labor
and
occupational
1
safety
and
health
violations
——
penalties.
2
If
an
injury
or
death
for
which
benefits
are
payable
under
3
chapter
10A,
subchapter
III,
this
chapter,
or
chapter
85A
4
or
85B
occurred
in
the
course
of
employment
in
which
the
5
employer
is
found
to
be
in
violation
of
chapter
88,
or
the
6
employee
is
found
to
have
performed
work
for
which
the
employee
7
was
not
of
permitted
age
under
chapter
92,
the
workers’
8
compensation
commissioner
shall
award
benefits,
in
addition
to
9
the
benefits
otherwise
payable
under
chapter
10A,
subchapter
10
III,
this
chapter,
or
chapter
85A
or
85B,
in
an
amount
equal
11
to
one
hundred
percent
of
the
amount
of
such
benefits
that
12
are
otherwise
payable.
Additionally,
the
employer
shall
be
13
subject
to
a
civil
penalty
of
five
thousand
dollars.
The
14
workers’
compensation
commissioner
shall
collect
the
penalty
15
and
deposit
the
moneys
in
the
second
injury
fund.
The
16
workers’
compensation
commissioner
shall
award
such
additional
17
benefits
and
collect
such
penalty
upon
a
finding
of
a
violation
18
of
chapter
88
or
92
as
provided
in
those
chapters
and
the
19
conclusion
of
applicable
periods
for
judicial
review.
20
Sec.
2.
APPLICABILITY.
This
Act
applies
to
injuries
21
occurring
on
or
after
the
effective
date
of
this
Act.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
provides
that
when
an
injury
for
which
workers’
26
compensation
benefits
would
be
payable
occurs
in
the
course
of
27
employment
in
which
the
employer
is
found
to
be
in
violation
28
of
Code
chapter
88
(occupational
safety
and
health),
or
the
29
employee
is
found
to
have
performed
work
for
which
the
employee
30
was
not
of
permitted
age
under
Code
chapter
92
(child
labor),
31
the
workers’
compensation
commissioner
shall
increase
the
32
amount
of
benefits
awarded
by
100
percent.
The
employer
shall
33
also
be
subject
to
a
civil
penalty
of
$5,000,
to
be
collected
34
by
the
workers’
compensation
commissioner
and
deposited
in
the
35
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second
injury
fund.
1
The
bill
applies
to
injuries
occurring
on
or
after
the
2
effective
date
of
the
bill.
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