Bill Text: IA HSB182 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill relating to offers of suitable work made to certain injured employees and including applicability provisions.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-27 - Judiciary: Hagenow Chair,Baltimore, and Anderson. [HSB182 Detail]
Download: Iowa-2013-HSB182-Introduced.html
House
Study
Bill
182
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
offers
of
suitable
work
made
to
certain
1
injured
employees
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
85.33,
subsection
3,
Code
2013,
is
1
amended
to
read
as
follows:
2
3.
a.
If
an
employee
is
temporarily,
partially
disabled
and
3
the
employer
for
whom
the
employee
was
working
at
the
time
of
4
injury
offers
to
the
employee
suitable
work
consistent
with
the
5
employee’s
disability
,
the
employee
shall
accept
the
suitable
6
work,
and
be
compensated
with
temporary
partial
benefits.
If
7
the
employee
refuses
to
accept
the
suitable
work
with
the
same
8
employer,
the
employee
shall
not
be
compensated
with
temporary
9
partial,
temporary
total,
or
healing
period
benefits
during
the
10
period
of
the
refusal.
If
suitable
work
is
not
offered
by
the
11
employer
for
whom
the
employee
was
working
at
the
time
of
the
12
injury
and
the
employee
who
is
temporarily
,
partially
disabled
13
elects
to
perform
work
with
a
different
employer,
the
employee
14
shall
be
compensated
with
temporary
partial
benefits.
For
the
15
purposes
of
this
subsection,
work
offered
to
an
employee
shall
16
be
considered
suitable
work
if
the
work
offered
meets
all
of
17
the
following
requirements:
18
(1)
The
work
offered
is
reasonably
appropriate
for
the
19
employee’s
education,
training,
and
vocational
experience.
20
(2)
The
work
offered
is
consistent
with
the
employee’s
21
medical
restrictions.
22
(3)
The
work
offered
does
not
require
the
employee
to
work
a
23
substantially
different
schedule
which
unreasonably
interferes
24
with
the
employee’s
customary
activities
in
caring
for
a
25
dependent.
For
the
purposes
of
this
subsection,
“dependent”
26
means
a
dependent
as
described
in
section
85.42
or
85.44.
27
(4)
The
work
is
not
offered
for
the
purpose
of
punishing
or
28
harassing
the
employee.
29
(5)
The
work
offered
does
not
require
the
employee
to
accept
30
a
permanent
reassignment
to
a
different
job
subsequent
to
the
31
period
of
temporary
disability,
provided
that
once
the
period
32
of
temporary
disability
ends,
this
subsection
shall
not
be
33
construed
to
limit
the
employer
from
reassigning
the
employee
34
to
a
job
consistent
with
the
employee’s
permanent
medical
35
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restrictions,
if
any.
1
b.
For
the
purposes
of
paragraph
“c”
,
“traveling
employee”
2
means
an
employee
whose
regular
job
duties
regularly
require
3
the
employee
to
be
away
from
the
employee’s
residence
for
4
extended
periods
of
time.
5
c.
For
the
purposes
of
this
subsection,
work
offered
to
a
6
traveling
employee
shall
be
considered
suitable
work
if
the
7
work
offered
meets
the
requirements
contained
in
paragraph
“a”
,
8
subject
to
the
following
additional
requirements:
9
(1)
The
geographic
location
of
the
work
offered
to
10
the
traveling
employee
shall
be
considered
in
making
a
11
determination
of
whether
the
work
offered
is
suitable
work
only
12
if
the
work
offered
does
any
of
the
following:
13
(a)
Requires
a
commute
or
other
travel
beyond
the
physical
14
capacity
of
the
employee.
15
(b)
Requires
the
traveling
employee
to
spend
substantially
16
more
time
away
from
the
employee’s
residence
than
the
17
employee’s
regular
job
duties.
18
(c)
Interferes
with
the
medical
care
of
the
traveling
19
employee
for
the
work-related
injury,
including
but
not
limited
20
to
forcing
a
change
in
a
health
service
provider
or
a
delay
in
21
medical
care
or
treatment.
22
(2)
If
an
employer
offers
suitable
work
to
a
traveling
23
employee
that
requires
the
employee
to
spend
substantially
more
24
time
away
from
the
employee’s
residence
than
the
employee’s
25
regular
job
duties,
the
employer
shall
notify
the
employee
in
26
writing
of
the
following:
27
(a)
The
nature
of
the
job
duties
and
physical
requirements
28
of
the
work
offered.
29
(b)
The
geographic
location
of
the
work
offered,
if
the
30
location
of
the
work
offered
will
be
substantially
different
31
than
the
location
of
the
traveling
employee’s
regular
job
32
duties.
33
(c)
The
possible
suspension
of
temporary
partial,
temporary
34
total,
or
healing
period
benefits
if
the
traveling
employee
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refuses
the
suitable
work
offered.
1
(d)
The
traveling
employee’s
right
to
file
a
claim
with
the
2
workers’
compensation
commissioner.
3
(3)
The
employer
shall
deliver
written
notice
of
the
4
suitable
work
offered
to
the
traveling
employee,
by
mail,
or
by
5
personal
or
electronic
delivery.
6
(4)
Within
seven
days
after
the
employer
mails
written
7
notice
to
the
traveling
employee
of
the
suitable
work
8
offered,
or
within
three
days
after
the
employer
personally
9
or
electronically
delivers
written
notice
to
the
traveling
10
employee
of
the
suitable
work
offered,
whichever
is
earlier,
11
the
employee
shall
either
accept
the
offer
of
suitable
work
or
12
refuse
the
offer
of
suitable
work,
in
written
or
electronic
13
form,
stating
the
basis
for
the
employee’s
refusal
of
the
14
suitable
work
offered,
if
applicable.
15
(5)
If
at
any
time
the
employer
substantially
alters
the
16
job
duties,
physical
requirements,
or
location
of
the
suitable
17
work,
the
employer
shall
provide
the
traveling
employee
with
18
written
notice
of
the
proposed
alterations
and
the
employee
19
shall
accept
or
refuse
the
alterations
to
the
suitable
work,
in
20
written
or
electronic
form,
within
three
days
after
the
notice
21
is
delivered,
stating
the
basis
for
the
employee’s
refusal
of
22
the
alterations,
if
applicable.
23
(6)
If
the
traveling
employee
believes
that
the
suitable
24
work
offered
is
not
suitable
under
this
subsection
after
25
accepting
and
engaging
in
the
work,
the
employee
may
refuse
the
26
work
as
unsuitable.
The
employee’s
right
to
refuse
the
work
27
offered
as
unsuitable
is
not
affected
by
the
employee’s
initial
28
acceptance
of
and
engagement
in
the
work.
29
(7)
If
the
employer
makes
an
offer
of
suitable
work
pursuant
30
to
this
subsection
that
requires
a
traveling
employee
to
31
commute
or
travel
further
than
the
location
of
the
employee’s
32
regular
job
duties,
the
employer
shall
provide
the
employee
33
with
reasonable
transportation,
overnight
lodging,
and
meals,
34
or
with
prompt
reimbursement
for
such
reasonable
travel
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expenses.
1
d.
This
subsection
shall
not
be
construed
to
create
a
new
2
legal
claim
or
cause
of
action
or
to
extinguish
or
modify
any
3
existing
legal
claim
or
cause
of
action.
4
Sec.
2.
APPLICABILITY.
This
Act
applies
to
offers
of
5
suitable
work
made
pursuant
to
section
85.33,
subsection
3,
on
6
or
after
July
1,
2013.
7
EXPLANATION
8
This
bill
relates
to
offers
of
suitable
work
made
by
an
9
employer
to
an
employee
while
the
employee
is
temporarily,
10
partially
disabled.
The
bill
specifies
what
work
is
considered
11
suitable
work
for
purposes
of
the
statute
such
that
an
12
employee’s
refusal
to
accept
the
work
will
result
in
suspension
13
of
that
employee’s
weekly
workers’
compensation
benefits
during
14
the
period
of
the
refusal.
15
The
bill
provides
that
in
order
to
be
considered
suitable,
16
the
work
offered
must
be
reasonably
appropriate
for
the
17
employee’s
education,
training,
and
vocational
experience;
18
consistent
with
the
employee’s
medical
restrictions;
not
19
require
the
employee
to
work
a
substantially
different
schedule
20
that
unreasonably
interferes
with
the
care
of
dependents;
not
21
be
offered
to
punish
or
harass
the
employee;
and
not
require
22
the
employee
to
accept
a
permanent
reassignment
to
a
different
23
job
subsequent
to
the
period
of
temporary
disability,
unless
24
such
reassignment
is
necessary
due
to
the
employee’s
permanent
25
medical
restrictions.
26
The
bill
imposes
additional
requirements
for
determining
27
whether
work
offered
to
an
injured
traveling
employee
is
28
suitable.
For
purposes
of
the
bill,
a
“traveling
employee”
29
is
an
employee
whose
regular
job
duties
regularly
require
the
30
employee
to
be
away
from
the
employee’s
residence
for
extended
31
periods
of
time.
32
For
a
traveling
employee,
the
geographic
location
of
the
33
work
offered
shall
be
considered
only
if
the
work
requires
a
34
commute
or
other
travel
beyond
the
physical
capacity
of
the
35
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employee;
requires
the
employee
to
spend
substantially
more
1
time
away
from
the
employee’s
residence
than
the
employee’s
2
regular
job
duties;
or
interferes
with
the
employee’s
medical
3
care
for
the
work-related
injury
including
forcing
a
change
4
in
a
health
service
provider
or
a
delay
in
medical
care
or
5
treatment.
6
If
an
employer
offers
suitable
work
to
a
traveling
employee
7
that
requires
the
employee
to
spend
substantially
more
time
8
away
from
the
employee’s
residence
than
the
employee’s
regular
9
job
duties,
the
employer
must
notify
the
employee
in
writing
10
of
the
nature
of
the
job
duties
and
physical
requirements
of
11
the
work
offered;
the
geographic
location
of
the
work,
if
the
12
location
is
substantially
different
than
the
location
of
the
13
employee’s
regular
job
duties;
the
possible
suspension
of
14
weekly
workers’
compensation
benefits
if
the
employee
refuses
15
the
suitable
work
offered;
and
the
employee’s
right
to
file
a
16
claim
with
the
workers’
compensation
commissioner.
17
The
employer
must
also
deliver
written
notice
of
the
18
suitable
work
offered
to
a
traveling
employee
by
mail,
or
by
19
personal
or
electronic
delivery.
Within
seven
days
after
the
20
notice
is
mailed,
or
within
three
days
after
the
notice
is
21
delivered
personally
or
electronically
to
the
employee,
the
22
employee
must
either
accept
or
refuse
the
offer
of
suitable
23
work,
in
written
or
electronic
form,
including
the
basis
for
a
24
refusal,
if
applicable.
25
If
the
employer
substantially
alters
the
job
duties,
26
physical
requirements,
or
location
of
the
suitable
work,
the
27
employer
shall
provide
the
traveling
employee
with
written
28
notice
of
the
proposed
alterations
and
the
employee
must
accept
29
or
refuse
the
alterations,
in
written
or
electronic
form,
30
within
three
days
of
delivery
of
the
notice,
including
the
31
basis
for
a
refusal,
if
applicable.
32
If
the
traveling
employee
believes
that
the
work
offered
33
is
not
suitable
after
accepting
and
engaging
in
the
work,
the
34
employee
may
refuse
the
work
as
unsuitable.
The
employee’s
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right
to
refuse
the
work
offered
as
unsuitable
is
not
affected
1
by
the
employee’s
initial
acceptance
of
and
engagement
in
the
2
work.
3
If
an
employer
makes
an
offer
of
suitable
work
that
requires
4
a
traveling
employee
to
commute
or
travel
further
than
the
5
location
of
the
employee’s
regular
job
duties,
the
employer
6
must
provide
the
employee
with
reasonable
transportation,
7
overnight
lodging,
and
meals,
or
with
prompt
reimbursement
for
8
such
reasonable
travel
expenses.
9
The
provisions
of
the
bill
shall
not
be
construed
to
create
10
a
new
legal
claim
or
cause
of
action
or
to
extinguish
or
modify
11
any
existing
legal
claim
or
cause
of
action.
12
The
bill
is
applicable
to
offers
of
suitable
work
made
by
an
13
employer
on
or
after
July
1,
2013.
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