Bill Text: IA HF346 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act requiring additional workers' compensation payments for scheduled injuries that result in a reduction in the injured employee's earning capacity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF346 Detail]
Download: Iowa-2011-HF346-Introduced.html
House
File
346
-
Introduced
HOUSE
FILE
346
BY
HUNTER
A
BILL
FOR
An
Act
requiring
additional
workers’
compensation
payments
for
1
scheduled
injuries
that
result
in
a
reduction
in
the
injured
2
employee’s
earning
capacity.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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346
Section
1.
Section
85.34,
subsection
2,
Code
2011,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
w.
If
an
employee
sustains
an
injury
3
described
in
paragraphs
“a”
through
“t”
and
is
unable
to
return
4
to
employment
providing
substantially
similar
earnings
to
the
5
earnings
provided
in
the
employment
in
which
the
employee
was
6
engaged
at
the
time
of
the
injury,
compensation
shall
be
paid
7
during
the
number
of
weeks
in
relation
to
five
hundred
weeks
8
as
the
reduction
in
the
employee’s
earning
capacity
bears
in
9
relation
to
the
earning
capacity
that
the
employee
possessed
10
when
the
injury
occurred.
If
the
employee
is
permanently
and
11
totally
disabled
as
a
result
of
such
an
injury
the
employee
may
12
be
entitled
to
benefits
under
subsection
3.
13
Sec.
2.
Section
85.64,
Code
2011,
is
amended
to
read
as
14
follows:
15
85.64
Limitation
of
benefits.
16
1.
If
an
employee
who
has
previously
lost,
or
lost
the
17
use
of,
one
hand,
one
arm,
one
foot,
one
leg,
or
one
eye,
18
becomes
permanently
disabled
by
a
compensable
injury
which
19
has
resulted
in
the
loss
of
or
loss
of
use
of
another
such
20
member
or
organ
and
which
does
not
cause
the
employee
to
be
21
eligible
for
benefits
under
section
85.34,
subsection
2,
22
paragraph
“w”
,
the
employer
shall
be
liable
only
for
the
degree
23
of
disability
which
would
have
resulted
from
the
latter
injury
24
if
there
had
been
no
preexisting
disability.
In
addition
to
25
such
compensation,
and
after
the
expiration
of
the
full
period
26
provided
by
law
for
the
payments
thereof
by
the
employer,
the
27
employee
shall
be
paid
out
of
the
“Second
Injury
Fund”
created
28
by
this
division
the
remainder
of
such
compensation
as
would
be
29
payable
for
the
degree
of
permanent
disability
involved
after
30
first
deducting
from
such
remainder
the
compensable
value
of
31
the
previously
lost
member
or
organ.
32
2.
Any
benefits
received
by
any
such
employee,
or
to
which
33
the
employee
may
be
entitled,
by
reason
of
such
increased
34
disability
from
any
state
or
federal
fund
or
agency,
to
which
35
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said
employee
has
not
directly
contributed,
shall
be
regarded
1
as
a
credit
to
any
award
made
against
said
second
injury
fund
2
as
aforesaid.
3
EXPLANATION
4
This
bill
amends
Code
section
85.34
to
provide
that
5
for
purposes
of
workers’
compensation,
an
employee
who
6
sustains
a
scheduled
injury
and
is
unable
to
return
to
7
employment
providing
substantially
similar
earnings
to
that
8
of
the
preinjury
employment
earning
capacity,
shall
be
paid
9
compensation
during
the
number
of
weeks
in
relation
to
500
10
weeks
as
the
reduction
in
the
employee’s
earning
capacity
11
caused
by
the
disability
bears
in
relation
to
the
earning
12
capacity
that
the
employee
possessed
when
the
injury
occurred.
13
The
bill
also
amends
Code
section
85.64
to
provide
that
an
14
employee
who
has
previously
sustained
a
loss
of
a
body
part
and
15
then
becomes
permanently
disabled
when
that
injury
is
combined
16
with
a
second
compensable
injury
is
entitled
to
compensation
17
out
of
the
state
second
injury
fund
as
long
as
that
second
18
compensable
injury
alone
does
not
cause
the
employee
to
be
19
unable
to
return
to
substantially
similar
employment
and
thus
20
be
eligible
for
benefits
under
the
new
paragraph
“w”
in
Code
21
section
85.34(2).
22
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