Bill Text: IA SF2023 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to preexisting military service-related disabilities covered by the second injury fund and including applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-19 - Subcommittee: Edler, Costello, and Dotzler. S.J. 120. [SF2023 Detail]
Download: Iowa-2021-SF2023-Introduced.html
Senate
File
2023
-
Introduced
SENATE
FILE
2023
BY
BOULTON
A
BILL
FOR
An
Act
relating
to
preexisting
military
service-related
1
disabilities
covered
by
the
second
injury
fund
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
2023
Section
1.
Section
85.64,
subsection
1,
Code
2022,
is
1
amended
to
read
as
follows:
2
1.
If
an
employee
who
has
previously
lost,
or
lost
the
3
use
of,
one
hand,
one
arm,
one
foot,
one
leg,
or
one
eye,
or
4
has
suffered
any
other
preexisting
disability
resulting
from
5
the
employee’s
military
service,
becomes
permanently
disabled
6
by
a
compensable
injury
which
has
resulted
in
the
loss
of
or
7
loss
of
use
of
another
such
member
or
organ,
the
employer
8
shall
be
liable
only
for
the
degree
of
disability
which
would
9
have
resulted
from
the
latter
injury
if
there
had
been
no
10
preexisting
disability.
In
addition
to
such
compensation,
and
11
after
the
expiration
of
the
full
period
provided
by
law
for
12
the
payments
thereof
by
the
employer,
the
employee
shall
be
13
paid
out
of
the
“Second
Injury
Fund”
created
by
this
subchapter
14
the
remainder
of
such
compensation
as
would
be
payable
for
the
15
degree
of
permanent
disability
involved
after
first
deducting
16
from
such
remainder
the
compensable
value
of
the
previously
17
lost
member
or
organ
,
or
preexisting
military
service-related
18
disability
.
19
Sec.
2.
APPLICABILITY.
This
Act
applies
to
injuries
20
occurring
on
or
after
the
effective
date
of
this
Act.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
preexisting
military
service-related
25
disabilities
covered
by
the
second
injury
fund
and
includes
26
applicability
provisions.
27
The
bill
makes
employers
liable
for
the
permanent
disability
28
of
an
employee
by
a
compensable
injury
which
resulted
in
29
the
loss
of
or
loss
of
use
of
a
hand,
arm,
foot,
leg,
or
eye
30
to
the
degree
of
disability
which
would
have
resulted
from
31
the
latter
injury
if
there
had
been
no
preexisting
military
32
service-related
disability.
33
The
bill
requires,
after
the
expiration
of
the
full
period
34
provided
by
law
for
payments
from
the
employer,
for
the
state
35
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2
S.F.
2023
second
injury
fund
to
provide
compensation
to
the
employee
1
to
the
degree
of
permanent
disability
involved
after
first
2
deducting
the
compensable
value
of
the
preexisting
military
3
service-related
disability.
4
The
bill
provides
that
it
shall
apply
to
injuries
on
or
after
5
the
effective
date
of
the
bill.
6
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