Bill Text: IA HF215 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to employer credits for overpayments of weekly workers' compensation benefits. (See Cmte. Bill HF 523)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF215 Detail]
Download: Iowa-2011-HF215-Introduced.html
House
File
215
-
Introduced
HOUSE
FILE
215
BY
HORBACH
A
BILL
FOR
An
Act
relating
to
employer
credits
for
overpayments
of
weekly
1
workers’
compensation
benefits.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
85.34,
subsection
4,
Code
2011,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
4.
Credits
for
excess
payments.
4
a.
If
an
employee
is
paid
any
weekly
benefits
in
excess
of
5
that
required
by
this
chapter
and
chapters
85A,
85B,
and
86,
6
the
excess
paid
by
the
employer
shall
be
credited
against
the
7
liability
of
the
employer
as
follows:
8
(1)
The
excess
payments
shall
first
be
credited
against
the
9
liability
of
the
employer
for
any
weekly
benefits,
interest,
or
10
penalty
benefits
owed
or
awarded
to
the
employee
for
the
same
11
injury.
12
(2)
Any
remaining
excess
payments
shall
be
credited
against
13
the
liability
of
the
same
employer
for
any
weekly
benefits,
14
interest,
or
penalty
benefits
owed
or
awarded
for
a
subsequent
15
injury
to
the
same
employee.
An
overpayment
credit
to
be
16
applied
to
a
subsequent
injury
can
be
established
only
when
the
17
overpayment
is
recognized
pursuant
to
any
of
the
following:
18
(a)
A
settlement
agreement
approved
by
the
commissioner
19
under
section
85.35,
subsection
2,
4,
or
5
or
section
86.13.
20
(b)
Final
agency
action
in
a
contested
case
which
was
21
commenced
within
three
years
from
the
date
that
weekly
benefits
22
were
last
paid
for
the
claim
for
which
the
benefits
were
23
overpaid.
24
(c)
Final
agency
action
in
a
contested
case
for
a
prior
25
injury
to
the
same
employee.
26
b.
For
the
purposes
of
this
subsection,
“weekly
benefits”
27
shall
include
weekly
compensation
benefits
of
any
kind
paid
or
28
owed
by
an
employer
for
any
of
the
following:
29
(1)
Temporary
partial
or
temporary
total
disability
30
benefits
under
section
85.33.
31
(2)
Healing
period
benefits
under
this
section.
32
(3)
Permanent
partial
or
permanent
total
disability
33
benefits
under
this
section.
34
(4)
Death
benefits
to
the
employee’s
surviving
spouse,
35
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children,
or
other
dependents
under
section
85.31,
85.42,
1
85.43,
or
85.44.
2
(5)
Temporary
or
permanent
disability
benefits
for
3
occupational
diseases
under
chapter
85A.
4
(6)
Disability
benefits
for
partial
or
total
occupational
5
hearing
loss
under
chapter
85B.
6
Sec.
2.
Section
85.34,
subsection
5,
Code
2011,
is
amended
7
by
striking
the
subsection.
8
EXPLANATION
9
This
bill
amends
Code
section
85.34
to
expand
the
10
circumstances
under
which
an
employer
can
receive
credit
for
11
overpayment
of
certain
weekly
workers’
compensation
benefits.
12
Currently,
if
an
employee
is
overpaid
weekly
workers’
13
compensation
benefits,
the
excess
paid
by
the
employer
is
14
credited
against
the
liability
of
the
employer
for
any
future
15
weekly
permanent
partial
disability
benefits
due
from
that
16
employer
for
a
subsequent
injury
to
the
same
employee.
17
The
bill
provides
that
if
an
employee
is
paid
any
excess
18
weekly
benefits,
the
employer
is
entitled
to
a
credit
against
19
the
liability
of
the
employer
for
any
weekly
benefits,
20
interest,
or
penalty
benefits
owed
or
awarded
to
the
employee
21
for
the
same
injury.
Any
remaining
excess
payments
are
then
22
credited
against
the
liability
of
the
same
employer
for
any
23
weekly
benefits,
interest,
or
penalty
benefits
owed
or
awarded
24
for
a
subsequent
injury
to
the
same
employee
as
long
as
the
25
overpayment
is
recognized
in
a
settlement
agreement
approved
26
by
the
commissioner,
or
is
recognized
pursuant
to
final
agency
27
action
in
a
contested
case,
as
specified
in
the
bill.
28
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