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Senate File 371 - IntroducedA Bill ForAn Act 1relating to preexisting military service-related
2disabilities covered by the second injury fund and including
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 85.64, subsection 1, Code 2023, is
2amended to read as follows:
31. If an employee who has previously lost, or lost the
4use of, one hand, one arm, one foot, one leg, or one eye, or
5has suffered any other preexisting disability resulting from
6the employee’s military service, becomes permanently disabled
7by a compensable injury which has resulted in the loss of or
8loss of use of another such member or organ, the employer
9shall be liable only for the degree of disability which would
10have resulted from the latter injury if there had been no
11preexisting disability. In addition to such compensation, and
12after the expiration of the full period provided by law for
13the payments thereof by the employer, the employee shall be
14paid out of the “Second Injury Fund” created by this subchapter
15the remainder of such compensation as would be payable for the
16degree of permanent disability involved after first deducting
17from such remainder the compensable value of the previously
18lost member or organ, or preexisting military service-related
19disability.
20 Sec. 2. APPLICABILITY. This Act applies to injuries
21occurring on or after the effective date of this Act.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to preexisting military service-related
26disabilities covered by the second injury fund.
27The bill provides that if an employee who has suffered any
28preexisting disability resulting from the employee’s military
29service becomes permanently disabled by a compensable injury
30which has resulted in the loss of or loss of use of a bodily
31member or organ as specified under current law, the employer
32shall be liable only for the degree of disability which would
33have resulted from the latter injury if there had been no
34preexisting disability.
35The bill requires, after the expiration of the full period
-1-1provided by law for payments from the employer, for the state
2second injury fund to provide compensation to the employee
3to the degree of permanent disability involved after first
4deducting the compensable value of the preexisting military
5service-related disability.
6The bill applies to injuries on or after the effective date
7of the bill.
-2-je/rn
2disabilities covered by the second injury fund and including
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 85.64, subsection 1, Code 2023, is
2amended to read as follows:
31. If an employee who has previously lost, or lost the
4use of, one hand, one arm, one foot, one leg, or one eye, or
5has suffered any other preexisting disability resulting from
6the employee’s military service, becomes permanently disabled
7by a compensable injury which has resulted in the loss of or
8loss of use of another such member or organ, the employer
9shall be liable only for the degree of disability which would
10have resulted from the latter injury if there had been no
11preexisting disability. In addition to such compensation, and
12after the expiration of the full period provided by law for
13the payments thereof by the employer, the employee shall be
14paid out of the “Second Injury Fund” created by this subchapter
15the remainder of such compensation as would be payable for the
16degree of permanent disability involved after first deducting
17from such remainder the compensable value of the previously
18lost member or organ, or preexisting military service-related
19disability.
20 Sec. 2. APPLICABILITY. This Act applies to injuries
21occurring on or after the effective date of this Act.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to preexisting military service-related
26disabilities covered by the second injury fund.
27The bill provides that if an employee who has suffered any
28preexisting disability resulting from the employee’s military
29service becomes permanently disabled by a compensable injury
30which has resulted in the loss of or loss of use of a bodily
31member or organ as specified under current law, the employer
32shall be liable only for the degree of disability which would
33have resulted from the latter injury if there had been no
34preexisting disability.
35The bill requires, after the expiration of the full period
-1-1provided by law for payments from the employer, for the state
2second injury fund to provide compensation to the employee
3to the degree of permanent disability involved after first
4deducting the compensable value of the preexisting military
5service-related disability.
6The bill applies to injuries on or after the effective date
7of the bill.
-2-je/rn