Bill Text: IA HF523 | 2011-2012 | 84th General Assembly | Amended
Bill Title: A bill for an act relating to employer credits for overpayments of weekly workers' compensation benefits. (Formerly HF 215)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF523 Detail]
Download: Iowa-2011-HF523-Amended.html
House
File
523
-
Reprinted
HOUSE
FILE
523
BY
COMMITTEE
ON
LABOR
(SUCCESSOR
TO
HF
215)
(As
Amended
and
Passed
by
the
House
March
22,
2011
)
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
HF
523
(3)
84
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H.F.
523
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
9
the
liability
of
the
employer
for
any
weekly
benefits
owed
or
10
awarded
to
the
employee
for
the
same
injury.
11
(2)
Any
remaining
excess
payments
shall
be
credited
against
12
the
liability
of
the
same
employer
for
any
weekly
benefits
owed
13
or
awarded
for
a
subsequent
injury
to
the
same
employee.
An
14
overpayment
credit
to
be
applied
to
a
subsequent
injury
can
be
15
established
only
when
the
overpayment
is
recognized
pursuant
16
to
any
of
the
following:
17
(a)
A
settlement
agreement
approved
by
the
commissioner
18
under
section
85.35,
subsection
2,
4,
or
5
or
section
86.13.
19
(b)
Final
agency
action
in
a
contested
case
which
was
20
commenced
within
three
years
from
the
date
that
weekly
benefits
21
were
last
paid
for
the
claim
for
which
the
benefits
were
22
overpaid.
23
(c)
Final
agency
action
in
a
contested
case
for
a
prior
24
injury
to
the
same
employee.
25
b.
A
credit
shall
not
be
taken
pursuant
to
this
subsection
26
until
fifteen
days
after
the
employee
has
been
provided
with
27
written
notice
of
the
amount
of
the
credit,
the
basis
for
the
28
credit,
and
the
manner
in
which
the
credit
will
be
applied
to
29
future
weekly
benefit
payments.
The
maximum
amount
that
an
30
employer
may
claim
as
a
credit
for
any
weekly
benefit
is
fifty
31
percent
of
the
employee’s
workers’
compensation
benefit
rate.
32
c.
For
the
purposes
of
this
subsection,
“weekly
benefits”
33
shall
include
weekly
compensation
benefits
of
any
kind
paid
or
34
owed
by
an
employer
for
any
of
the
following:
35
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523
(3)
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2
H.F.
523
(1)
Temporary
partial
or
temporary
total
disability
1
benefits
under
section
85.33.
2
(2)
Healing
period
benefits
under
this
section.
3
(3)
Permanent
partial
or
permanent
total
disability
4
benefits
under
this
section.
5
(4)
Death
benefits
to
the
employee’s
surviving
spouse,
6
children,
or
other
dependents
under
section
85.31,
85.42,
7
85.43,
or
85.44.
8
(5)
Temporary
or
permanent
disability
benefits
for
9
occupational
diseases
under
chapter
85A.
10
(6)
Disability
benefits
for
partial
or
total
occupational
11
hearing
loss
under
chapter
85B.
12
Sec.
2.
Section
85.34,
subsection
5,
Code
2011,
is
amended
13
by
striking
the
subsection.
14
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HF
523
(3)
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2
