Bill Text: IA HF217 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the award of penalty benefits in workers' compensation cases.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF217 Detail]
Download: Iowa-2011-HF217-Introduced.html
House
File
217
-
Introduced
HOUSE
FILE
217
BY
HORBACH
A
BILL
FOR
An
Act
relating
to
the
award
of
penalty
benefits
in
workers’
1
compensation
cases.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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217
Section
1.
Section
86.13,
subsection
4,
paragraph
a,
Code
1
2011,
is
amended
to
read
as
follows:
2
a.
If
a
denial,
a
delay
in
payment,
or
a
termination
of
3
benefits
occurs
without
reasonable
or
probable
cause
or
excuse
4
known
to
the
employer
or
insurance
carrier
at
the
time
of
5
the
denial,
delay
in
payment,
or
termination
of
benefits,
6
the
workers’
compensation
commissioner
shall
award
benefits
7
in
addition
to
those
benefits
payable
under
this
chapter
,
or
8
chapter
85
,
85A
,
or
85B
,
up
to
fifty
percent
of
the
amount
9
of
benefits
to
which
the
employee
is
found
to
be
entitled,
10
that
were
denied,
delayed,
or
terminated
without
reasonable
or
11
probable
cause
or
excuse.
12
Sec.
2.
Section
86.13,
subsection
4,
Code
2011,
is
amended
13
by
adding
the
following
new
paragraph:
14
NEW
PARAGRAPH
.
d.
The
employee
shall
cooperate
with
a
15
reasonable
investigation
and
evaluation
by
the
employer
or
16
insurance
carrier
into
whether
benefits
were
owed
to
the
17
employee,
including
but
not
limited
to
providing
all
reasonably
18
requested
information,
recorded
statements,
and
authorizations
19
for
release
of
information,
and
attendance
at
reasonably
20
requested
evaluations
by
health
service
providers
chosen
by
the
21
employer.
Notwithstanding
paragraphs
“b”
and
“c”
,
the
failure
22
of
an
employee
to
cooperate
with
the
employer’s
reasonable
23
investigation
and
evaluation
shall
be
an
absolute
bar
to
the
24
award
of
penalty
benefits
to
that
employee
pursuant
to
this
25
subsection.
26
EXPLANATION
27
This
bill
relates
to
the
imposition
of
penalty
benefits
28
in
workers’
compensation
cases.
Code
section
86.13(4)(a)
is
29
amended
to
specify
that
penalty
benefits
shall
only
be
awarded
30
based
on
the
amount
of
benefits
to
which
the
employee
is
found
31
to
be
entitled.
Code
section
86.13(4)
is
amended
by
adding
a
32
provision
that
an
employee
must
cooperate
with
a
reasonable
33
investigation
and
evaluation
by
the
employer
or
insurance
34
carrier
into
whether
benefits
were
owed
to
the
employee.
35
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