SF 371 (LSB 2202XS (2) 90)

SENATE FILE 371

BY  BOULTON

A BILL FOR

An Act relating to preexisting military service-related disabilities covered by the second injury fund and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 85.64, subsection 1, Code 2023, is amended to read as follows:
   1.  If an employee who has previously lost, or lost the use of, one hand, one arm, one foot, one leg, or one eye, or has suffered any other preexisting disability resulting from the employee’s military service, becomes permanently disabled by a compensable injury which has resulted in the loss of or loss of use of another such member or organ, the employer shall be liable only for the degree of disability which would have resulted from the latter injury if there had been no preexisting disability. In addition to such compensation, and after the expiration of the full period provided by law for the payments thereof by the employer, the employee shall be paid out of the “Second Injury Fund” created by this subchapter the remainder of such compensation as would be payable for the degree of permanent disability involved after first deducting from such remainder the compensable value of the previously lost member or organ, or preexisting military service-related disability.
    Sec. 2.  APPLICABILITY.  This Act applies to injuries occurring on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to preexisting military service-related disabilities covered by the second injury fund.
   The bill provides that if an employee who has suffered any preexisting disability resulting from the employee’s military service becomes permanently disabled by a compensable injury which has resulted in the loss of or loss of use of a bodily member or organ as specified under current law, the employer shall be liable only for the degree of disability which would have resulted from the latter injury if there had been no preexisting disability.
   The bill requires, after the expiration of the full period provided by law for payments from the employer, for the state second injury fund to provide compensation to the employee to the degree of permanent disability involved after first deducting the compensable value of the preexisting military service-related disability.
   The bill applies to injuries on or after the effective date of the bill.