Senate File 341 - Reprinted



                                       SENATE FILE       
                                       BY  COMMITTEE ON LABOR AND
                                           BUSINESS RELATIONS

                                       (SUCCESSOR TO SSB 1157)


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

                                      A BILL FOR

  1 An Act concerning work=related injuries suffered and claims made
  2    outside of this state.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2062SV 82
  5 av/gg/14

PAG LIN



  1  1    Section 1.  Section 85.71, Code 2007, is amended to read as
  1  2 follows:
  1  3    85.71  INJURY OUTSIDE OF STATE.
  1  4    If an employee, while working outside the territorial
  1  5 limits of this state, suffers an injury on account of which
  1  6 the employee, or in the event of death, the employee's
  1  7 dependents, would have been entitled to the benefits provided
  1  8 by this chapter had such injury occurred within this state,
  1  9 such employee, or in the event of death resulting from such
  1 10 injury, the employee's dependents, shall be entitled to the
  1 11 benefits provided by this chapter, if at the time of such
  1 12 injury any of the following is applicable:
  1 13    1.  The employment is principally localized in this state,
  1 14 that is, the employee's employer has a place of business in
  1 15 this or some other state and the employee regularly works in
  1 16 this state, or if the employee's employer has a at or from
  1 17 that place of business in this state and the employee is
  1 18 domiciled in this state.
  1 19    2.  The employee is working under a contract of hire made
  1 20 in this state in employment not principally localized in any
  1 21 state and the employee spends a substantial part of the
  1 22 employee's working time working for the employer in this
  1 23 state.
  1 24    3.  2.  The employee is working under a contract of hire
  1 25 made in this state in employment principally localized in
  1 26 another state, whose workers' compensation law is not
  1 27 applicable to the employee's employer and the employee
  1 28 regularly works in this state.
  1 29    3.  The employee is working under a contract of hire made
  1 30 in this state and sustains an injury for which no remedy is
  1 31 available under the workers' compensation laws of another
  1 32 state.
  1 33    4.  The employee is working under a contract of hire made
  1 34 in this state for employment outside the United States.
  1 35    5.  The employer has a place of business in Iowa, and the
  2  1 employee is working under a contract of hire which provides
  2  2 that the employee's workers' compensation claims be governed
  2  3 by Iowa law.
  2  4    This section shall be construed to confer personal
  2  5 jurisdiction over an employee or employer to whom the section
  2  6 is applicable.
  2  7    Sec. 2.  Section 85.72, Code 2007, is amended to read as
  2  8 follows:
  2  9    85.72  CLAIMS FOR BENEFITS MADE OUTSIDE OF STATE ==
  2 10 RESTRICTIONS == CREDIT.
  2 11    1.  An employee, or an employee's dependents, shall not be
  2 12 entitled to benefits under this chapter if the employee or the
  2 13 employee's dependents have initiated a judicial proceeding or
  2 14 a contested case or other similar proceeding for the same
  2 15 injury, disability, or death pursuant to the laws of another
  2 16 state or country concerning workers' compensation, and the
  2 17 employee or the employee's dependents receive benefits
  2 18 following final resolution of the proceeding pursuant to a
  2 19 settlement, judgment, or award.
  2 20    2.  If an employee, or an employee's dependents, initiate a
  2 21 judicial proceeding or a contested case or other similar
  2 22 proceeding for benefits pursuant to the laws of another state
  2 23 or country concerning workers' compensation, any proceeding
  2 24 initiated by an employee, or an employee's dependents, for
  2 25 workers' compensation benefits under this chapter for the same
  2 26 injury, disability, or death shall be stayed, without
  2 27 prejudice, pending resolution of the out=of=state claim for
  2 28 benefits.
  2 29    3.  If benefits are paid under this chapter and were
  2 30 payable, at any time, for the same injury, disability, or
  2 31 death pursuant to the laws of another state or country
  2 32 concerning workers' compensation, the employer shall have a
  2 33 credit toward the benefits payable under this chapter for any
  2 34 benefits paid in another state or country.  Benefits paid in
  2 35 another state or country constitute weekly compensation
  3  1 benefits for the purposes of sections 85.26 and 86.13.
  3 29 SF 341
  3 30 av:nh/cc/26