Senate File 415 - Reprinted



                                       SENATE FILE       
                                       BY  GRONSTAL and IVERSON


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to employment, including the payment of weekly
  2    workers' compensation benefits, workers' compensation
  3    settlements and filings, and the direct deposit of wages paid
  4    by an employer, requiring a regular payday statement, and
  5    making civil penalties applicable.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 SF 415
  8 kh/cc/26

PAG LIN



  1  1    Section 1.  Section 22.7, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  51.  Confidential information, as defined
  1  4 in section 86.45, subsection 1, filed with the workers'
  1  5 compensation commissioner.
  1  6    Sec. 2.  Section 85.27, subsection 7, Code 2005, is amended
  1  7 to read as follows:
  1  8    7.  If, after the third day of incapacity to work following
  1  9 the date of sustaining a compensable injury which does not
  1 10 result in permanent partial disability, or if, at any time
  1 11 after sustaining a compensable injury which results in
  1 12 permanent partial disability, an employee, who is not
  1 13 receiving weekly benefits under section 85.33 or section
  1 14 85.34, subsection 1, returns to work and is required to leave
  1 15 work for one full day or less to receive services pursuant to
  1 16 this section, the employee shall be paid an amount equivalent
  1 17 to the wages lost at the employee's regular rate of pay for
  1 18 the time the employee is required to leave work.  For the
  1 19 purposes of this subsection, "day of incapacity to work" means
  1 20 eight hours of accumulated absence from work due to incapacity
  1 21 to work or due to the receipt of services pursuant to this
  1 22 section.  The employer shall make the payments under this
  1 23 subsection as wages to the employee after making such
  1 24 deductions from the amount as legally required or customarily
  1 25 made by the employer from wages.  Payments made under this
  1 26 subsection shall be required to be reimbursed pursuant to any
  1 27 insurance policy covering workers' compensation.  Payments
  1 28 under this subsection shall not be construed to be payment of
  1 29 weekly benefits.
  1 30    Sec. 3.  Section 85.35, Code 2005, is amended to read as
  1 31 follows:
  1 32    85.35  SETTLEMENT IN CONTESTED CASE SETTLEMENTS.
  1 33    1.  The parties to a contested case or persons who are
  1 34 involved in a dispute which could culminate in a contested
  1 35 case may enter into a settlement of any claim arising under
  2  1 this chapter or chapter 85A, 85B, or 86, providing for final
  2  2 disposition of the claim, provided that no final disposition
  2  3 affecting rights to future benefits may be had when the only
  2  4 dispute is the degree of disability resulting from an injury
  2  5 for which an award for payments or agreement for settlement
  2  6 under section 86.13 has been made.  The settlement shall be in
  2  7 writing on forms prescribed by the workers' compensation
  2  8 commissioner and submitted to the workers' compensation
  2  9 commissioner for approval.
  2 10    2.  The parties may enter into an agreement for settlement
  2 11 that establishes the employer's liability, fixes the nature
  2 12 and extent of the employee's current right to accrued
  2 13 benefits, and establishes the employee's right to statutory
  2 14 benefits that accrue in the future.
  2 15    3.  The parties may enter into a compromise settlement of
  2 16 the employee's claim to benefits as a full and final
  2 17 disposition of the claim.
  2 18    4.  The parties may enter into a settlement that is a
  2 19 combination of an agreement for settlement and a compromise
  2 20 settlement that establishes the employer's liability for part
  2 21 of a claim but makes a full and final disposition of other
  2 22 parts of a claim.
  2 23    5.  A contingent settlement may be made and approved,
  2 24 conditioned upon subsequent approval by a court or
  2 25 governmental agency, or upon any other subsequent event that
  2 26 is expected to occur within one year from the date of the
  2 27 settlement.  If the subsequent approval or event does not
  2 28 occur, the contingent settlement and its approval may be
  2 29 vacated by order of the workers' compensation commissioner
  2 30 upon a petition for vacation filed by one of the parties or
  2 31 upon agreement by all parties.  If a contingent settlement is
  2 32 vacated, the running of any period of limitation provided for
  2 33 in section 85.26 is tolled from the date the settlement was
  2 34 initially approved until the date that the settlement is
  2 35 vacated, and the claim is restored to the status that the
  3  1 claim held when the contingent settlement was initially
  3  2 approved.  The contingency on a settlement lapses and the
  3  3 settlement becomes final and fully enforceable if an action to
  3  4 vacate the contingent settlement or to extend the period of
  3  5 time allowed for the subsequent approval or event to occur is
  3  6 not initiated within one year from the date that the
  3  7 contingent settlement was initially approved.
  3  8    6.  The parties may agree that settlement proceeds, which
  3  9 are paid in a lump sum, are intended to compensate the injured
  3 10 worker at a given monthly or weekly rate over the life
  3 11 expectancy of the injured worker.  If such an agreement is
  3 12 reached, neither the weekly compensation rate which either has
  3 13 been paid, or should have been paid, throughout the case, nor
  3 14 the maximum statutory weekly rate applicable to the injury
  3 15 shall apply.  Instead, the rate set forth in the settlement
  3 16 agreement shall be the rate for the case.
  3 17    The settlement shall not be approved unless evidence of a
  3 18 bona fide dispute exists concerning any of the following:
  3 19    1.  The claimed injury arose out of or in the course of the
  3 20 employment.
  3 21    2.  The injured employee gave notice under section 85.23.
  3 22    3.  Whether or not the statutes of limitations as provided
  3 23 in section 85.26 have run.  When the issue involved is whether
  3 24 or not the statute of limitations of section 85.26, subsection
  3 25 2, has run, the final disposition shall pertain to the right
  3 26 to weekly compensation unless otherwise provided for in
  3 27 subsection 7 of this section.
  3 28    4.  The injury was caused by the employee's willful intent
  3 29 to injure the employee's self or to willfully injure another.
  3 30    5.  Intoxication, which did not arise out of and in the
  3 31 course of employment but which was due to the effects of
  3 32 alcohol or another narcotic, depressant, stimulant,
  3 33 hallucinogenic, or hypnotic drug not prescribed by an
  3 34 authorized medical practitioner, was a substantial factor in
  3 35 causing the employee's injury.
  4  1    6.  The injury was caused by the willful act of a third
  4  2 party directed against the employee for reasons personal to
  4  3 such employee.
  4  4    7.  This chapter or chapter 85A, 85B, 86 or 87 applies to
  4  5 the party making the claim.
  4  6    8.  A substantial portion of the claimed disability is
  4  7 related to physical or mental conditions other than those
  4  8 caused by the injury.
  4  9    7.  A settlement shall be approved by the workers'
  4 10 compensation commissioner if the parties show all of the
  4 11 following:
  4 12    a.  Substantial evidence exists to support the terms of the
  4 13 settlement.
  4 14    b.  Waiver of the employee's right to a hearing, decision,
  4 15 and statutory benefits is made knowingly by the employee.
  4 16    c.  The settlement is a reasonable and informed compromise
  4 17 of the competing interests of the parties.
  4 18    If an employee is represented by legal counsel, it is
  4 19 presumed that the required showing for approval of the
  4 20 settlement has been made.
  4 21    8.  Approval of a settlement by the workers' compensation
  4 22 commissioner shall be is binding on the parties and shall not
  4 23 be construed as an original proceeding.  Notwithstanding any
  4 24 provisions of this chapter and chapters 85A, 85B, 86 and 87,
  4 25 an approved compromise settlement shall constitute a final bar
  4 26 to any further rights arising under this chapter and chapters
  4 27 85A, 85B, 86, and 87.  Such regarding the subject matter of
  4 28 the compromise and a payment made pursuant to a compromise
  4 29 settlement agreement shall not be construed as the payment of
  4 30 weekly compensation.
  4 31    Sec. 4.  Section 85.38, subsection 2, unnumbered paragraph
  4 32 2, Code 2005, is amended to read as follows:
  4 33    If an employer denies liability under this chapter, chapter
  4 34 85A, or chapter 85B, for payment for any medical services
  4 35 received or weekly compensation requested by an employee with
  5  1 a disability, and the employee is a beneficiary under either
  5  2 an individual or group plan for nonoccupational illness,
  5  3 injury, or disability, the nonoccupational plan shall not deny
  5  4 payment for the medical services received or for benefits
  5  5 under the plan on the basis that the employer's liability for
  5  6 the medical services under this chapter, chapter 85A, or
  5  7 chapter 85B is unresolved.
  5  8    Sec. 5.  Section 85.71, Code 2005, is amended by adding the
  5  9 following new subsection:
  5 10    NEW SUBSECTION.  5.  The employer has a place of business
  5 11 in Iowa, and the employee is working under a contract of hire
  5 12 which provides that the employee's workers' compensation
  5 13 claims be governed by Iowa law.
  5 14    Sec. 6.  Section 86.24, subsection 4, Code 2005, is amended
  5 15 to read as follows:
  5 16    4.  A transcript of a contested case proceeding shall be
  5 17 provided to the workers' compensation commissioner by an
  5 18 appealing party at the party's cost and an affidavit shall be
  5 19 filed by the appealing party or the party's attorney with the
  5 20 workers' compensation commissioner within ten days after the
  5 21 filing of the appeal to the workers' compensation commissioner
  5 22 stating that the transcript has been ordered and identifying
  5 23 the name and address of the reporter or reporting firm from
  5 24 which the transcript has been ordered.
  5 25    Sec. 7.  NEW SECTION.  86.45  CONFIDENTIAL INFORMATION.
  5 26    1.  "Confidential information", for the purposes of this
  5 27 section, means all information that is filed with the workers'
  5 28 compensation commissioner as a result of an employee's injury
  5 29 or death that would allow the identification of the employee
  5 30 or the employee's dependents.  Confidential information
  5 31 includes first reports of injury and subsequent reports of
  5 32 claim activity.  Confidential information does not include
  5 33 pleadings, motions, decisions, opinions, or applications for
  5 34 settlement that are filed with the workers' compensation
  5 35 commissioner.
  6  1    2.  The workers' compensation commissioner shall not
  6  2 disclose confidential information except as follows:
  6  3    a.  Pursuant to the terms of a written waiver of
  6  4 confidentiality executed by the employee or the dependents of
  6  5 the employee whose information is filed with the workers'
  6  6 compensation commissioner.
  6  7    b.  To another governmental agency, or to an advisory,
  6  8 rating, or research organization, for the purpose of compiling
  6  9 statistical data, evaluating the state's workers' compensation
  6 10 system, or conducting scientific, medical, or public policy
  6 11 research, where such disclosure will not allow the
  6 12 identification of the employee or the employee's dependents.
  6 13    c.  To the employee or to the agent or attorney of the
  6 14 employee whose information is filed with the workers'
  6 15 compensation commissioner.
  6 16    d.  To the person or to the agent of the person who
  6 17 submitted the information to the workers' compensation
  6 18 commissioner.
  6 19    e.  To an agent, representative, attorney, investigator,
  6 20 consultant, or adjuster of an employer, or insurance carrier
  6 21 or third=party administrator of workers' compensation
  6 22 benefits, who is involved in administering a claim for such
  6 23 benefits related to the injury or death of the employee whose
  6 24 information is filed with the workers' compensation
  6 25 commissioner.
  6 26    f.  To all parties to a contested case proceeding before
  6 27 the workers' compensation commissioner in which the employee
  6 28 or a dependent of the employee, whose information is filed
  6 29 with the workers' compensation commissioner, is a party.
  6 30    g.  In compliance with a subpoena.
  6 31    h.  To an agent, representative, attorney, investigator,
  6 32 consultant, or adjuster of the employee, employer, or
  6 33 insurance carrier or third=party administrator of insurance
  6 34 benefits, who is involved in administering a claim for
  6 35 insurance benefits related to the injury or death of the
  7  1 employee whose information is filed with the workers'
  7  2 compensation commissioner.
  7  3    i.  To another governmental agency that is charged with the
  7  4 duty of enforcing liens or rights of subrogation or indemnity.
  7  5    3.  This section does not create a cause of action for a
  7  6 violation of its provisions against the workers' compensation
  7  7 commissioner or against the state or any governmental
  7  8 subdivision of the state.
  7  9    Sec. 8.  Section 87.11, unnumbered paragraph 1, Code 2005,
  7 10 is amended to read as follows:
  7 11    When an employer coming under this chapter furnishes
  7 12 satisfactory proofs to the insurance commissioner of such
  7 13 employer's solvency and financial ability to pay the
  7 14 compensation and benefits as by law provided and to make such
  7 15 payments to the parties when entitled thereto, or when such
  7 16 employer deposits with the insurance commissioner security
  7 17 satisfactory to the insurance commissioner and the workers'
  7 18 compensation commissioner as guaranty for the payment of such
  7 19 compensation, such employer shall be relieved of the
  7 20 provisions of this chapter requiring insurance; but such
  7 21 employer shall, from time to time, furnish such additional
  7 22 proof of solvency and financial ability to pay as may be
  7 23 required by such insurance commissioner or workers'
  7 24 compensation commissioner.  Such security shall be held in
  7 25 trust for the sole purpose of paying compensation and benefits
  7 26 and is not subject to attachment, levy, execution,
  7 27 garnishment, liens, or any other form of encumbrance.
  7 28 However, the insurance commissioner shall be reimbursed from
  7 29 the security for all costs and fees incurred by the insurance
  7 30 commissioner in resolving disputes involving the security.  A
  7 31 political subdivision, including a city, county, community
  7 32 college, or school corporation, that is self=insured for
  7 33 workers' compensation is not required to submit a plan or
  7 34 program to the insurance commissioner for review and approval.
  7 35    Sec. 9.  Section 87.14A, Code 2005, is amended to read as
  8  1 follows:
  8  2    87.14A  INSURANCE OR BOND REQUIRED.
  8  3    An employer subject to this chapter and chapters 85, 85A,
  8  4 85B, and 86 shall not engage in business without first
  8  5 obtaining insurance covering compensation benefits or
  8  6 obtaining relief from insurance as provided in this chapter or
  8  7 furnishing a bond pursuant to section 87.16.  A person who
  8  8 willfully and knowingly violates this section is guilty of a
  8  9 class "D" felony.
  8 10    Sec. 10.  Section 87.19, unnumbered paragraph 1, Code 2005,
  8 11 is amended to read as follows:
  8 12    Upon the receipt of information by the workers'
  8 13 compensation commissioner of any employer failing to comply
  8 14 with sections 87.16 and 87.17 section 87.14A, the commissioner
  8 15 shall at once notify such employer by certified mail that
  8 16 unless such employer comply with the requirements of law,
  8 17 legal proceedings will be instituted to enforce such
  8 18 compliance.
  8 19    Sec. 11.  Section 87.20, Code 2005, is amended to read as
  8 20 follows:
  8 21    87.20  REVOCATION OF RELEASE FROM INSURANCE.
  8 22    The insurance commissioner with the concurrence of the
  8 23 workers' compensation commissioner may, at any time, upon
  8 24 reasonable notice to such employer and upon hearing, revoke
  8 25 for cause any order theretofore made relieving any employer
  8 26 from carrying insurance as provided by this chapter.
  8 27    Sec. 12.  Section 91A.3, subsection 3, Code 2005, is
  8 28 amended to read as follows:
  8 29    3.  The wages paid under subsection 1 shall be sent to the
  8 30 employee by mail or be paid at the employee's normal place of
  8 31 employment during normal employment hours or at a place and
  8 32 hour mutually agreed upon by the employer and employee, or the
  8 33 employee may elect to have the wages sent for direct deposit,
  8 34 on or by the regular payday of the employee, into a financial
  8 35 institution designated by the employee.  An employer shall not
  9  1 require a current employee to participate in direct deposit.
  9  2 The employer may require, as a condition of hire, a new
  9  3 employee to sign up for direct deposit of the employee's wages
  9  4 in a financial institution of the employee's choice unless
  9  5 either of the following conditions exist:
  9  6    a.  The costs to the employee of establishing and
  9  7 maintaining an account for purposes of the direct deposit
  9  8 would effectively reduce the employee's wages to a level below
  9  9 the minimum wage provided under section 91D.1.
  9 10    b.  The provisions of a collective bargaining agreement
  9 11 mutually agreed upon by the employer and the employee
  9 12 organization prohibit the employer from requiring an employee
  9 13 to sign up for direct deposit as a condition of hire.
  9 14    Sec. 13.  Section 91A.6, Code 2005, is amended by adding
  9 15 the following new subsection:
  9 16    NEW SUBSECTION.  4.  On each regular payday, the employer
  9 17 shall send to each employee by mail or shall provide at the
  9 18 employee's normal place of employment during normal employment
  9 19 hours a statement showing the hours the employee worked, the
  9 20 wages earned by the employee, and deductions made for the
  9 21 employee.  An employer who provides each employee access to
  9 22 view an electronic statement of the employee's earnings and
  9 23 provides the employee free and unrestricted access to a
  9 24 printer to print the employee's statement of earnings, if the
  9 25 employee chooses, is in compliance with this subsection.
  9 26    Sec. 14.  Sections 87.16 and 87.17, Code 2005, are
  9 27 repealed.
  9 28 SF 415
  9 29 kh/cc/26