Bill Text: IA SSB1170 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to workers’ compensation and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-03-01 - Subcommittee recommends passage. [SSB1170 Detail]
Download: Iowa-2017-SSB1170-Introduced.html
Senate
Study
Bill
1170
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
relating
to
workers’
compensation
and
including
1
effective
date
and
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
85.16,
subsection
2,
Code
2017,
is
1
amended
to
read
as
follows:
2
2.
a.
By
the
employee’s
intoxication,
which
did
not
arise
3
out
of
and
in
the
course
of
employment
but
which
was
due
4
to
the
effects
of
alcohol
or
another
narcotic,
depressant,
5
stimulant,
hallucinogenic,
or
hypnotic
drug
not
prescribed
by
6
an
authorized
medical
practitioner,
if
the
intoxication
was
a
7
substantial
factor
in
causing
the
injury.
8
b.
For
the
purpose
of
disallowing
compensation
under
this
9
subsection,
both
of
the
following
apply:
10
(1)
If
the
employer
shows
that,
at
the
time
of
the
injury
11
or
immediately
following
the
injury,
the
employee
had
positive
12
test
results
reflecting
the
presence
of
alcohol,
or
another
13
narcotic,
depressant,
stimulant,
hallucinogenic,
or
hypnotic
14
drug
which
drug
either
was
not
prescribed
by
an
authorized
15
medical
practitioner
or
was
not
used
in
accordance
with
the
16
prescribed
use
of
the
drug,
it
shall
be
presumed
that
the
17
employee
was
intoxicated
at
the
time
of
the
injury
and
that
18
intoxication
was
the
predominant
factor
in
causing
the
injury.
19
(2)
Once
the
employer
has
made
a
showing
as
provided
20
in
subparagraph
(1),
the
burden
of
proof
shall
be
on
the
21
employee
to
overcome
the
presumption
by
establishing
that
the
22
employee
was
not
intoxicated
at
the
time
of
the
injury,
or
that
23
intoxication
was
not
the
predominant
factor
in
causing
the
24
injury.
25
Sec.
2.
Section
85.18,
Code
2017,
is
amended
to
read
as
26
follows:
27
85.18
Contract
to
relieve
not
operative.
28
No
contract,
rule,
or
device
whatsoever
shall
operate
to
29
relieve
the
employer,
in
whole
or
in
part,
from
any
liability
30
created
by
this
chapter
except
as
herein
provided.
This
31
section
does
not
create
a
private
cause
of
action.
32
Sec.
3.
Section
85.23,
Code
2017,
is
amended
to
read
as
33
follows:
34
85.23
Notice
of
injury
——
failure
to
give.
35
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Unless
the
employer
or
the
employer’s
representative
shall
1
have
actual
knowledge
of
the
occurrence
of
an
injury
received
2
within
ninety
days
from
the
date
of
the
occurrence
of
the
3
injury,
or
unless
the
employee
or
someone
on
the
employee’s
4
behalf
or
a
dependent
or
someone
on
the
dependent’s
behalf
5
shall
give
notice
thereof
to
the
employer
within
ninety
days
6
from
the
date
of
the
occurrence
of
the
injury,
no
compensation
7
shall
be
allowed.
For
the
purposes
of
this
section,
“date
of
8
the
occurrence
of
the
injury”
means
the
date
that
the
employee
9
knew
or
should
have
known
that
the
injury
was
work-related.
10
Sec.
4.
Section
85.26,
subsection
1,
Code
2017,
is
amended
11
to
read
as
follows:
12
1.
An
original
proceeding
for
benefits
under
this
chapter
13
or
chapter
85A
,
85B
,
or
86
,
shall
not
be
maintained
in
any
14
contested
case
unless
the
proceeding
is
commenced
within
two
15
years
from
the
date
of
the
occurrence
of
the
injury
for
which
16
benefits
are
claimed
or,
if
weekly
compensation
benefits
are
17
paid
under
section
86.13
,
within
three
years
from
the
date
of
18
the
last
payment
of
weekly
compensation
benefits.
For
the
19
purposes
of
this
section,
“date
of
the
occurrence
of
the
injury”
20
means
the
date
that
the
employee
knew
or
should
have
known
that
21
the
injury
was
work-related.
22
Sec.
5.
Section
85.33,
subsection
3,
Code
2017,
is
amended
23
to
read
as
follows:
24
3.
a.
If
an
employee
is
temporarily,
partially
disabled
25
and
the
employer
for
whom
the
employee
was
working
at
the
time
26
of
injury
offers
to
the
employee
suitable
work
consistent
27
with
the
employee’s
disability
the
employee
shall
accept
the
28
suitable
work,
and
be
compensated
with
temporary
partial
29
benefits.
If
the
employer
offers
the
employee
suitable
work
30
and
the
employee
refuses
to
accept
the
suitable
work
with
31
the
same
offered
by
the
employer,
the
employee
shall
not
be
32
compensated
with
temporary
partial,
temporary
total,
or
healing
33
period
benefits
during
the
period
of
the
refusal.
Work
offered
34
at
the
employer’s
principal
place
of
business
or
established
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place
of
operation
where
the
employee
has
previously
worked
is
1
presumed
to
be
geographically
suitable
for
an
employee
whose
2
duties
involve
travel
away
from
the
employer’s
principal
place
3
of
business
or
established
place
of
operation
more
than
fifty
4
percent
of
the
time.
If
suitable
work
is
not
offered
by
the
5
employer
for
whom
the
employee
was
working
at
the
time
of
the
6
injury
and
the
employee
who
is
temporarily
partially
disabled
7
elects
to
perform
work
with
a
different
employer,
the
employee
8
shall
be
compensated
with
temporary
partial
benefits.
9
b.
The
employer
shall
communicate
an
offer
of
temporary
10
work
to
the
employee
in
writing,
including
details
of
lodging,
11
meals,
and
transportation,
and
shall
communicate
to
the
12
employee
that
if
the
employee
refuses
the
offer
of
temporary
13
work,
the
employee
shall
communicate
the
refusal
and
the
reason
14
for
the
refusal
to
the
employer
in
writing
and
that
during
the
15
period
of
the
refusal
the
employee
will
not
be
compensated
with
16
temporary
partial,
temporary
total,
or
healing
period
benefits,
17
unless
the
work
refused
is
not
suitable.
If
the
employee
18
refuses
the
offer
of
temporary
work
on
the
grounds
that
the
19
work
is
not
suitable,
the
employee
shall
communicate
the
20
refusal,
along
with
the
reason
for
the
refusal,
to
the
employer
21
in
writing
at
the
time
the
offer
of
work
is
refused.
Failure
to
22
communicate
the
reason
for
the
refusal
in
this
manner
precludes
23
the
employee
from
raising
suitability
of
the
work
as
the
reason
24
for
the
refusal
until
such
time
as
the
reason
for
the
refusal
25
is
communicated
in
writing
to
the
employer.
26
Sec.
6.
Section
85.34,
subsection
2,
unnumbered
paragraph
27
1,
Code
2017,
is
amended
to
read
as
follows:
28
Compensation
for
permanent
partial
disability
shall
begin
at
29
the
termination
of
the
healing
period
provided
in
subsection
1
30
when
it
is
medically
indicated
that
maximum
medical
improvement
31
from
the
injury
has
been
reached
and
that
the
extent
of
loss
or
32
percentage
of
permanent
impairment
can
be
determined
by
use
of
33
the
guides
to
the
evaluation
of
permanent
impairment,
published
34
by
the
American
medical
association,
as
adopted
by
the
workers’
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compensation
commissioner
by
rule
pursuant
to
chapter
17A
.
The
1
compensation
shall
be
in
addition
to
the
benefits
provided
by
2
sections
85.27
and
85.28
.
The
compensation
shall
be
based
3
upon
the
extent
of
the
disability
and
upon
the
basis
of
eighty
4
percent
per
week
of
the
employee’s
average
spendable
weekly
5
earnings,
but
not
more
than
a
weekly
benefit
amount,
rounded
to
6
the
nearest
dollar,
equal
to
one
hundred
eighty-four
percent
of
7
the
statewide
average
weekly
wage
paid
employees
as
determined
8
by
the
department
of
workforce
development
under
section
96.19,
9
subsection
36
,
and
in
effect
at
the
time
of
the
injury.
The
10
minimum
weekly
benefit
amount
shall
be
equal
to
the
weekly
11
benefit
amount
of
a
person
whose
gross
weekly
earnings
are
12
thirty-five
percent
of
the
statewide
average
weekly
wage.
For
13
all
cases
of
permanent
partial
disability
compensation
shall
14
be
paid
as
follows:
15
Sec.
7.
Section
85.34,
subsection
2,
paragraphs
m
and
u,
16
Code
2017,
are
amended
to
read
as
follows:
17
m.
The
loss
of
two-thirds
of
that
part
of
an
arm
between
18
including
the
shoulder
joint
and
to
the
elbow
joint
shall
equal
19
the
loss
of
an
arm
and
the
compensation
therefor
shall
be
20
weekly
compensation
during
two
hundred
fifty
weeks.
21
u.
In
all
cases
of
permanent
partial
disability
other
than
22
those
hereinabove
described
or
referred
to
in
paragraphs
“a”
23
through
“t”
hereof,
the
compensation
shall
be
paid
during
24
the
number
of
weeks
in
relation
to
five
hundred
weeks
as
the
25
reduction
in
the
employee’s
earning
capacity
caused
by
the
26
disability
bears
in
relation
to
the
earning
capacity
that
the
27
employee
possessed
when
the
injury
occurred.
A
determination
28
of
the
reduction
in
the
employee’s
earning
capacity
caused
29
by
the
disability
shall
take
into
account
the
permanent
30
partial
disability
of
the
employee
and
the
number
of
years
in
31
the
future
it
was
reasonably
anticipated
that
the
employee
32
would
work
at
the
time
of
the
injury.
If
an
employee
who
is
33
eligible
for
compensation
under
this
paragraph
returns
to
work
34
or
is
offered
work
for
which
the
employee
receives
or
would
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receive
the
same
or
greater
salary,
wages,
or
earnings
than
1
the
employee
received
at
the
time
of
the
injury,
the
employee
2
shall
be
compensated
based
only
upon
the
employee’s
functional
3
disability
resulting
from
the
injury,
and
not
in
relation
to
4
the
employee’s
earning
capacity.
If
an
employee
sustains
an
5
injury
compensable
under
this
paragraph
after
reaching
the
age
6
of
sixty-seven,
compensation
shall
be
paid
to
the
employee
7
based
on
the
employee’s
resulting
loss
of
earning
capacity
8
not
to
exceed
an
amount
equal
to
one
hundred
fifty
weeks
of
9
compensation.
10
Sec.
8.
Section
85.34,
subsection
2,
Code
2017,
is
amended
11
by
adding
the
following
new
paragraphs:
12
NEW
PARAGRAPH
.
w.
In
all
cases
of
permanent
partial
13
disability
described
in
paragraphs
“a”
through
“t”
,
or
paragraph
14
“u”
when
determining
functional
disability
and
not
loss
of
15
earning
capacity,
the
extent
of
loss
or
percentage
of
permanent
16
impairment
shall
be
determined
solely
by
utilizing
the
guides
17
to
the
evaluation
of
permanent
impairment,
published
by
the
18
American
medical
association,
as
adopted
by
the
workers’
19
compensation
commissioner
by
rule
pursuant
to
chapter
17A.
20
Lay
testimony
or
agency
expertise
shall
not
be
utilized
in
21
determining
loss
or
percentage
of
permanent
impairment
pursuant
22
to
paragraphs
“a”
through
“t”
,
or
paragraph
“u”
when
determining
23
functional
disability
and
not
loss
of
earning
capacity.
24
NEW
PARAGRAPH
.
x.
Compensation
for
permanent
partial
25
disability
for
an
injury
shall
terminate
on
the
date
when
26
compensation
for
permanent
total
disability
for
any
injury
27
begins.
An
employee
shall
not
receive
compensation
for
28
permanent
partial
disability
if
the
employee
is
receiving
29
compensation
for
permanent
total
disability.
30
Sec.
9.
Section
85.34,
subsection
3,
Code
2017,
is
amended
31
to
read
as
follows:
32
3.
Permanent
total
disability.
33
a.
Compensation
for
an
injury
causing
permanent
total
34
disability
shall
be
upon
the
basis
of
eighty
percent
per
week
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of
the
employee’s
average
spendable
weekly
earnings,
but
not
1
more
than
a
weekly
benefit
amount,
rounded
to
the
nearest
2
dollar,
equal
to
two
hundred
percent
of
the
statewide
average
3
weekly
wage
paid
employees
as
determined
by
the
department
4
of
workforce
development
under
section
96.19,
subsection
36
,
5
and
in
effect
at
the
time
of
the
injury.
The
minimum
weekly
6
benefit
amount
is
equal
to
the
weekly
benefit
amount
of
a
7
person
whose
gross
weekly
earnings
are
thirty-five
percent
of
8
the
statewide
average
weekly
wage.
The
weekly
compensation
is
9
payable
during
the
period
of
the
employee’s
disability
until
10
the
employee
is
no
longer
permanently
and
totally
disabled
or
11
until
the
employee
reaches
the
age
of
sixty-seven,
whichever
12
occurs
first
.
If
an
employee
sustains
an
injury
compensable
13
under
this
subsection
after
reaching
the
age
of
sixty-seven,
14
compensation
shall
be
paid
to
the
employee
so
long
as
the
15
employee
remains
permanently
and
totally
disabled
not
to
exceed
16
an
amount
equal
to
one
hundred
fifty
weeks
of
compensation.
17
b.
Such
compensation
shall
be
in
addition
to
the
benefits
18
provided
in
sections
85.27
and
85.28
.
No
compensation
shall
19
be
payable
under
this
subsection
for
any
injury
for
which
20
compensation
is
payable
under
subsection
2
of
this
section
.
21
In
the
event
compensation
has
been
paid
to
any
person
under
22
any
provision
of
this
chapter
,
chapter
85A
or
chapter
85B
for
23
the
same
an
injury
producing
a
total
permanent
disability,
any
24
such
amounts
so
paid
shall
be
deducted
from
the
total
amount
25
of
compensation
payable
for
such
permanent
total
disability.
26
An
employee
shall
not
receive
compensation
for
permanent
27
partial
disability
if
the
employee
is
receiving
compensation
28
for
permanent
total
disability.
29
Sec.
10.
Section
85.34,
subsection
3,
Code
2017,
is
amended
30
by
adding
the
following
new
paragraphs:
31
NEW
PARAGRAPH
.
c.
An
employee
forfeits
the
employee’s
32
weekly
compensation
for
a
permanent
total
disability
under
this
33
subsection
for
a
week
in
which
the
employee
is
receiving
a
34
payment
equal
to
or
greater
than
fifty
percent
of
the
statewide
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average
weekly
wage
from
any
of
the
following
sources:
1
(1)
Gross
earnings
from
any
employer.
2
(2)
Payment
for
services
from
any
source.
3
NEW
PARAGRAPH
.
d.
An
employee
is
not
entitled
to
4
compensation
for
a
permanent
total
disability
under
this
5
subsection
while
the
employee
is
receiving
unemployment
6
compensation
under
chapter
96.
7
Sec.
11.
Section
85.34,
subsections
4
and
5,
Code
2017,
are
8
amended
to
read
as
follows:
9
4.
Credits
for
excess
payments.
If
an
employee
is
paid
10
weekly
compensation
benefits
for
temporary
total
disability
11
under
section
85.33,
subsection
1
,
for
a
healing
period
12
under
section
85.34,
subsection
1
,
or
for
temporary
partial
13
disability
under
section
85.33,
subsection
2
,
in
excess
of
14
that
required
by
this
chapter
and
chapters
85A
,
85B
,
and
86
,
15
the
excess
paid
by
the
employer
shall
be
credited
against
the
16
liability
of
the
employer
for
permanent
partial
disability
17
under
section
85.34,
subsection
2
any
future
weekly
benefits
18
due
for
an
injury
to
that
employee
,
provided
that
the
employer
19
or
the
employer’s
representative
has
acted
in
good
faith
in
20
determining
and
notifying
an
employee
when
the
temporary
total
21
disability,
healing
period,
or
temporary
partial
disability
22
benefits
are
terminated.
23
5.
Recovery
of
employee
overpayment.
If
an
employee
is
paid
24
any
weekly
benefits
in
excess
of
that
required
by
this
chapter
25
and
chapters
85A
,
85B
,
and
86
,
the
excess
paid
by
the
employer
26
shall
be
credited
against
the
liability
of
the
employer
for
27
any
future
weekly
benefits
due
pursuant
to
subsection
2
,
for
28
a
any
current
or
subsequent
injury
to
the
same
employee.
An
29
overpayment
can
be
established
only
when
the
overpayment
is
30
recognized
in
a
settlement
agreement
approved
under
section
31
86.13
,
pursuant
to
final
agency
action
in
a
contested
case
32
which
was
commenced
within
three
years
from
the
date
that
33
weekly
benefits
were
last
paid
for
the
claim
for
which
the
34
benefits
were
overpaid,
or
pursuant
to
final
agency
action
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in
a
contested
case
for
a
prior
injury
to
the
same
employee.
1
The
credit
shall
remain
available
for
eight
years
after
the
2
date
the
overpayment
was
established.
If
an
overpayment
3
is
established
pursuant
to
this
subsection
,
the
employee
4
and
employer
may
enter
into
a
written
settlement
agreement
5
providing
for
the
repayment
by
the
employee
of
the
overpayment.
6
The
agreement
is
subject
to
the
approval
of
the
workers’
7
compensation
commissioner.
The
employer
shall
not
take
any
8
adverse
action
against
the
employee
for
failing
to
agree
to
9
such
a
written
settlement
agreement.
10
Sec.
12.
Section
85.34,
subsection
7,
paragraph
a,
Code
11
2017,
is
amended
to
read
as
follows:
12
a.
An
employer
is
fully
liable
for
compensating
all
only
13
that
portion
of
an
employee’s
disability
that
arises
out
of
and
14
in
the
course
of
the
employee’s
employment
with
the
employer
15
and
that
relates
to
the
injury
that
serves
as
the
basis
for
16
the
employee’s
claim
for
compensation
under
this
chapter,
17
or
chapter
85A,
85B,
or
86
.
An
employer
is
not
liable
for
18
compensating
an
employee’s
preexisting
disability
that
arose
19
out
of
and
in
the
course
of
employment
from
a
prior
injury
with
20
the
employer,
to
the
extent
that
the
employee’s
preexisting
21
disability
has
already
been
compensated
under
this
chapter,
22
or
chapter
85A,
85B,
or
86.
An
employer
is
not
liable
for
23
compensating
an
employee’s
preexisting
disability
that
arose
24
out
of
and
in
the
course
of
employment
with
a
different
25
employer
or
from
causes
unrelated
to
employment.
26
Sec.
13.
Section
85.34,
subsection
7,
paragraphs
b
and
c,
27
Code
2017,
are
amended
by
striking
the
paragraphs.
28
Sec.
14.
Section
85.39,
Code
2017,
is
amended
to
read
as
29
follows:
30
85.39
Examination
of
injured
employees.
31
1.
After
an
injury,
the
employee,
if
requested
by
the
32
employer,
shall
submit
for
examination
at
some
reasonable
33
time
and
place
and
as
often
as
reasonably
requested,
to
a
34
physician
or
physicians
authorized
to
practice
under
the
laws
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of
this
state
or
another
state,
without
cost
to
the
employee;
1
but
if
the
employee
requests,
the
employee,
at
the
employee’s
2
own
cost,
is
entitled
to
have
a
physician
or
physicians
3
of
the
employee’s
own
selection
present
to
participate
in
4
the
examination.
If
an
employee
is
required
to
leave
work
5
for
which
the
employee
is
being
paid
wages
to
attend
the
6
requested
examination,
the
employee
shall
be
compensated
at
7
the
employee’s
regular
rate
for
the
time
the
employee
is
8
required
to
leave
work,
and
the
employee
shall
be
furnished
9
transportation
to
and
from
the
place
of
examination,
or
the
10
employer
may
elect
to
pay
the
employee
the
reasonable
cost
of
11
the
transportation.
The
refusal
of
the
employee
to
submit
to
12
the
examination
shall
suspend
forfeit
the
employee’s
right
to
13
any
compensation
for
the
period
of
the
refusal.
Compensation
14
shall
not
be
payable
for
the
period
of
suspension
refusal
.
15
2.
If
an
evaluation
of
permanent
disability
has
been
made
by
16
a
physician
retained
by
the
employer
and
the
employee
believes
17
this
evaluation
to
be
too
low,
the
employee
shall,
upon
18
application
to
the
commissioner
and
upon
delivery
of
a
copy
of
19
the
application
to
the
employer
and
its
insurance
carrier,
be
20
reimbursed
by
the
employer
the
reasonable
fee
for
a
subsequent
21
examination
by
a
physician
of
the
employee’s
own
choice,
and
22
reasonably
necessary
transportation
expenses
incurred
for
the
23
examination.
The
physician
chosen
by
the
employee
has
the
24
right
to
confer
with
and
obtain
from
the
employer-retained
25
physician
sufficient
history
of
the
injury
to
make
a
proper
26
examination.
An
employer
is
only
liable
to
reimburse
an
27
employee
for
the
cost
of
an
examination
conducted
pursuant
to
28
this
subsection
if
the
injury
for
which
the
employee
is
being
29
examined
is
determined
to
be
compensable
under
this
chapter
or
30
chapter
85A
or
85B.
An
employer
is
not
liable
for
the
cost
of
31
such
an
examination
if
the
injury
for
which
the
employee
is
32
being
examined
is
determined
not
to
be
a
compensable
injury.
A
33
determination
of
the
reasonableness
of
a
fee
for
an
examination
34
made
pursuant
to
this
subsection,
shall
be
based
on
the
typical
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fee
charged
by
a
medical
provider
to
perform
an
impairment
1
rating
in
the
local
area
where
the
examination
is
conducted.
2
Sec.
15.
Section
85.45,
subsection
1,
unnumbered
paragraph
3
1,
Code
2017,
is
amended
to
read
as
follows:
4
Future
payments
of
compensation
may
be
commuted
to
a
present
5
worth
lump
sum
payment
only
upon
application
of
a
party
to
6
the
commissioner
and
upon
written
consent
of
all
parties
to
7
the
proposed
commutation
or
partial
commutation,
and
on
the
8
following
conditions:
9
Sec.
16.
Section
85.45,
Code
2017,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
3.
The
parties
to
any
commutation
or
12
partial
commutation
of
future
payments
agreed
to
and
ordered
13
pursuant
to
this
section
may
agree
that
the
employee
has
the
14
right
to
benefits
pursuant
to
section
85.27
under
such
terms
15
and
conditions
as
agreed
to
by
the
parties,
for
a
specified
16
period
of
time
after
the
commutation
or
partial
commutation
17
agreement
has
been
ordered
by
the
workers’
compensation
18
commissioner.
During
that
specified
period
of
time,
the
19
commissioner
shall
have
jurisdiction
of
the
commutation
or
20
partial
commutation
agreement
for
the
purpose
of
adjudicating
21
the
employee’s
entitlement
to
benefits
provided
for
in
section
22
85.27
as
provided
in
the
agreement.
23
Sec.
17.
Section
85.61,
subsection
7,
unnumbered
paragraph
24
1,
Code
2017,
is
amended
to
read
as
follows:
25
The
words
“personal
injury
arising
out
of
and
in
the
course
26
of
the
employment”
shall
include
injuries
to
employees
whose
27
services
are
being
performed
on,
in,
or
about
the
premises
28
which
are
occupied,
used,
or
controlled
by
the
employer,
and
29
also
injuries
to
those
who
are
engaged
elsewhere
in
places
30
where
their
employer’s
business
requires
their
presence
and
31
subjects
them
to
dangers
incident
to
the
business
but
only
32
if
such
injuries
are
found
to
be
the
predominant
factor
in
33
causing
the
disability
for
which
compensation
is
claimed
under
34
this
chapter,
or
chapter
85A
or
85B
.
For
purposes
of
this
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subsection,
an
injury
is
the
predominant
factor
in
causing
a
1
disability
if
more
than
fifty
percent
of
the
disability
is
2
attributable
to
the
injury.
3
Sec.
18.
Section
85.71,
subsection
1,
paragraph
a,
Code
4
2017,
is
amended
to
read
as
follows:
5
a.
The
employer
has
a
place
of
business
in
this
state
and
6
the
employee
regularly
works
at
or
from
that
place
of
business
,
7
or
the
employer
has
a
place
of
business
in
this
state
and
the
8
employee
is
domiciled
in
this
state
.
9
Sec.
19.
Section
86.26,
Code
2017,
is
amended
to
read
as
10
follows:
11
86.26
Judicial
review.
12
1.
Judicial
review
of
decisions
or
orders
of
the
workers’
13
compensation
commissioner
may
be
sought
in
accordance
14
with
chapter
17A
.
Notwithstanding
chapter
17A
,
the
Iowa
15
administrative
procedure
Act,
petitions
for
judicial
review
16
may
be
filed
in
the
district
court
of
the
county
in
which
the
17
hearing
under
section
86.17
was
held,
the
workers’
compensation
18
commissioner
shall
transmit
to
the
reviewing
court
the
original
19
or
a
certified
copy
of
the
entire
record
of
the
contested
case
20
which
is
the
subject
of
the
petition
within
thirty
days
after
21
receiving
written
notice
from
the
party
filing
the
petition
22
that
a
petition
for
judicial
review
has
been
filed,
and
an
23
application
for
stay
of
agency
action
during
the
pendency
of
24
judicial
review
shall
not
be
filed
in
the
division
of
workers’
25
compensation
of
the
department
of
workforce
development
26
but
shall
be
filed
with
the
district
court.
Such
a
review
27
proceeding
shall
be
accorded
priority
over
other
matters
28
pending
before
the
district
court.
29
2.
Notwithstanding
section
17A.19,
subsection
5,
a
timely
30
petition
for
judicial
review
filed
pursuant
to
this
section
31
shall
stay
execution
or
enforcement
of
a
decision
or
order
of
32
the
workers’
compensation
commissioner
if
the
party
seeking
33
judicial
review
posts
a
bond
securing
any
compensation
awarded
34
pursuant
to
the
decision
or
order
with
the
district
court
35
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within
thirty
days
of
filing
the
petition,
in
a
reasonable
1
amount
as
fixed
and
approved
by
the
court.
Unless
either
the
2
party
posting
the
bond
files
an
objection
with
the
court,
3
within
twenty
days
from
the
date
that
the
bond
is
fixed
and
4
approved
by
the
court,
that
the
amount
of
the
bond
is
not
5
reasonable,
or
the
party
whose
interests
are
protected
by
the
6
bond
files
an
objection
with
the
court,
within
twenty
days
from
7
the
date
that
the
amount
of
the
bond
is
fixed
and
approved
by
8
the
court,
that
the
amount
of
the
bond
is
not
reasonable
or
9
adequate,
the
amount
of
the
bond
shall
be
deemed
reasonable
and
10
adequate.
If,
upon
objection,
the
district
court
orders
the
11
amount
of
the
bond
posted
to
be
modified,
the
party
seeking
12
judicial
review
shall
repost
the
bond
in
the
amount
ordered,
13
within
twenty
days
of
the
date
of
the
order
modifying
the
bond,
14
in
order
to
continue
the
stay
of
execution
or
enforcement
15
of
the
decision
or
order
of
the
workers’
compensation
16
commissioner.
17
Sec.
20.
Section
86.39,
Code
2017,
is
amended
to
read
as
18
follows:
19
86.39
Fees
——
approval.
20
1.
All
fees
or
claims
for
legal,
medical,
hospital,
and
21
burial
services
rendered
under
this
chapter
and
chapters
85
,
22
85A
,
85B
,
and
87
are
subject
to
the
approval
of
the
workers’
23
compensation
commissioner.
For
services
rendered
in
the
24
district
court
and
appellate
courts,
the
attorney
fee
is
25
subject
to
the
approval
of
a
judge
of
the
district
court.
26
2.
An
attorney
shall
not
recover
fees
for
legal
services
27
based
on
the
amount
of
compensation
voluntarily
paid
or
28
agreed
to
be
paid
to
an
employee
for
temporary
or
permanent
29
disability
under
this
chapter,
or
chapter
85,
85A,
85B,
or
30
87.
An
attorney
shall
only
recover
a
fee
based
on
the
amount
31
of
compensation
that
the
attorney
demonstrates
would
not
have
32
been
paid
to
the
employee
but
for
the
efforts
of
the
attorney.
33
Any
disputes
over
the
recovery
of
attorney
fees
under
this
34
subsection
shall
be
resolved
by
the
workers’
compensation
35
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commissioner.
1
Sec.
21.
Section
86.42,
Code
2017,
is
amended
to
read
as
2
follows:
3
86.42
Judgment
by
district
court
on
award.
4
Any
party
in
interest
may
present
a
file-stamped
copy
5
of
an
order
or
decision
of
the
commissioner,
from
which
a
6
timely
petition
for
judicial
review
has
not
been
filed
or
if
7
judicial
review
has
been
filed,
which
has
not
had
execution
or
8
enforcement
stayed
as
provided
in
section
17A.19,
subsection
9
5
,
or
section
86.26,
subsection
2,
or
an
order
or
decision
10
of
a
deputy
commissioner
from
which
a
timely
appeal
has
not
11
been
taken
within
the
agency
and
which
has
become
final
by
12
the
passage
of
time
as
provided
by
rule
and
section
17A.15
,
13
or
an
agreement
for
settlement
approved
by
the
commissioner,
14
and
all
papers
in
connection
therewith,
to
the
district
court
15
where
judicial
review
of
the
agency
action
may
be
commenced.
16
The
court
shall
render
a
decree
or
judgment
and
cause
the
17
clerk
to
notify
the
parties.
The
decree
or
judgment,
in
the
18
absence
of
a
petition
for
judicial
review
or
if
judicial
review
19
has
been
commenced,
in
the
absence
of
a
stay
of
execution
20
or
enforcement
of
the
decision
or
order
of
the
workers’
21
compensation
commissioner
as
provided
in
section
17A.19,
22
subsection
5,
or
section
86.26,
subsection
2
,
or
in
the
absence
23
of
an
act
of
any
party
which
prevents
a
decision
of
a
deputy
24
workers’
compensation
commissioner
from
becoming
final,
has
the
25
same
effect
and
in
all
proceedings
in
relation
thereto
is
the
26
same
as
though
rendered
in
a
suit
duly
heard
and
determined
by
27
the
court.
28
Sec.
22.
Section
535.3,
subsection
1,
Code
2017,
is
amended
29
to
read
as
follows:
30
1.
a.
Interest
shall
be
allowed
on
all
money
due
on
31
judgments
and
decrees
of
courts
at
a
rate
calculated
according
32
to
section
668.13
,
except
for
interest
due
pursuant
to
section
33
85.30
for
which
the
rate
shall
be
ten
percent
per
year
.
34
b.
Notwithstanding
paragraph
“a”
,
interest
due
pursuant
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to
section
85.30
shall
accrue
from
the
date
each
compensation
1
payment
is
due
at
an
annual
rate
equal
to
the
one-year
treasury
2
constant
maturity
published
by
the
federal
reserve
in
the
most
3
recent
H15
report
settled
prior
to
the
date
each
compensation
4
payment
is
due
plus
two
percent.
5
Sec.
23.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
6
of
immediate
importance,
takes
effect
upon
enactment.
7
Sec.
24.
APPLICABILITY.
8
1.
The
sections
of
this
Act
amending
sections
85.16,
85.18,
9
85.23,
85.26,
85.33,
85.34,
85.39,
85.61,
85.71,
86.26,
86.39,
10
and
86.42
apply
to
injuries
occurring
on
or
after
the
effective
11
date
of
this
Act.
12
2.
The
sections
of
this
Act
amending
section
85.45
apply
to
13
commutations
for
which
applications
are
filed
on
or
after
the
14
effective
date
of
this
Act.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
contains
various
provisions
relating
to
workers’
19
compensation.
20
Code
section
85.16(2)
is
amended
to
provide
that
if
an
21
employer
shows
that
at
the
time
of
an
injury
for
which
workers’
22
compensation
is
sought,
an
employee
had
positive
test
results
23
reflecting
the
presence
of
alcohol
or
drugs,
there
is
a
24
presumption
that
the
employee
was
intoxicated
at
the
time
of
25
the
injury,
and
the
intoxication
was
the
predominant
factor
in
26
causing
the
injury,
making
the
injury
not
compensable.
The
27
provision
also
allows
the
employee
to
overcome
that
presumption
28
by
establishing
that
the
employee
was
not
intoxicated
or
that
29
intoxication
was
not
the
predominant
factor
in
causing
the
30
injury.
31
Code
section
85.18
is
amended
to
provide
that
imposition
of
32
liability
on
any
employer
under
Code
chapter
85
does
not
create
33
a
private
cause
of
action.
34
Code
section
85.23
requiring
notice
of
injury
and
Code
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section
85.26(1)
concerning
limitations
of
actions,
are
amended
1
to
define
“date
of
the
occurrence
of
the
injury”
to
mean
the
2
date
the
employee
knew
or
should
have
known
that
the
injury
was
3
work-related.
4
Code
section
85.33(3)
concerning
an
employee
who
is
5
temporarily,
partially
disabled,
is
amended
to
include
6
requirements
for
offers
of
temporary
work
by
employers
7
to
employees
who
are
temporarily,
partially
disabled
and
8
requirements
for
refusal
of
such
work
as
not
suitable
by
an
9
employee.
An
employee
cannot
raise
suitability
as
a
reason
10
until
such
time
as
the
refusal
and
reason
are
communicated
to
11
the
employer
in
writing.
12
Code
section
85.34(2),
concerning
compensation
for
13
permanent
partial
disability,
is
amended
to
provide
that
such
14
compensation
begins
when
it
is
medically
indicated
that
maximum
15
medical
improvement
from
the
injury
has
been
reached
and
that
16
the
extent
of
loss
or
percentage
of
permanent
impairment
can
be
17
determined
by
use
of
the
guides
to
the
evaluation
of
permanent
18
impairment,
published
by
the
American
medical
association,
19
as
adopted
by
the
workers’
compensation
commissioner
by
rule
20
pursuant
to
Code
chapter
17A.
21
Code
section
85.34(2)(m)
is
amended
to
modify
language
22
providing
compensation
for
a
scheduled
injury
describing
the
23
whole
rather
than
two-thirds
of
the
upper
arm.
24
Code
section
85.34(2)(u)
concerning
compensation
for
25
permanent
partial
disability
for
injuries
other
than
scheduled
26
injuries
under
Code
section
85.34(2),
paragraphs
“a”
through
27
“t”,
is
amended
to
provide
that
a
reduction
in
the
employee’s
28
earning
capacity
caused
by
a
disability
must
take
into
account
29
the
employee’s
permanent
partial
disability
and
the
number
of
30
years
in
the
future
it
was
reasonably
anticipated
the
employee
31
would
work
at
the
time
of
the
injury.
An
employee
who
returns
32
to
work
or
is
offered
work
for
the
same
or
more
money
than
the
33
employee
received
when
injured
shall
be
compensated
only
for
34
functional
disability,
and
not
in
relation
to
earning
capacity.
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If
an
employee
is
injured
after
age
67,
compensation
shall
be
1
paid
based
on
the
employee’s
resulting
loss
of
earning
capacity
2
not
to
exceed
an
amount
equal
to
150
weeks
of
compensation.
3
New
Code
section
85.34(2)(w)
provides
that
a
determination
4
of
the
extent
of
an
employee’s
loss
or
permanent
impairment
5
for
a
scheduled
injury
pursuant
to
Code
section
85.34(2),
6
paragraphs
“a”
through
“t”,
or
paragraph
“u”
when
determining
7
functional
disability
and
not
loss
of
earning
capacity,
8
shall
be
determined
solely
by
use
of
the
guides
to
the
9
evaluation
of
permanent
impairment,
published
by
the
American
10
medical
association,
as
adopted
by
the
workers’
compensation
11
commissioner
by
rule
pursuant
to
Code
chapter
17A.
Lay
12
testimony
or
agency
expertise
cannot
be
utilized
in
making
this
13
determination.
14
New
Code
section
85.34(2)(x)
provides
that
compensation
for
15
permanent
partial
disability
for
an
injury
terminates
on
the
16
date
when
compensation
for
permanent
total
disability
for
any
17
injury
begins.
An
employee
shall
not
receive
compensation
18
for
permanent
partial
disability
if
the
employee
is
receiving
19
compensation
for
permanent
total
disability.
20
Code
section
85.34(3)(a)
is
amended
to
provide
that
21
an
employee
can
receive
compensation
for
permanent
total
22
disability
until
the
employee
is
no
longer
permanently
and
23
totally
disabled
or
reaches
the
age
of
67,
whichever
occurs
24
first.
If
an
employee
is
injured
after
reaching
the
age
of
25
67,
compensation
shall
be
paid
so
long
as
the
employee
remains
26
permanently
and
totally
disabled
not
exceed
an
amount
equal
to
27
150
weeks
of
compensation.
28
Code
section
85.34(3)(b)
is
amended
to
provide
that
if
29
compensation
for
an
injury
producing
permanent
disability
has
30
been
paid
to
a
person,
the
amounts
so
paid
are
deductible
31
from
the
total
amount
of
compensation
payable
to
that
person
32
for
permanent
total
disability.
An
employee
cannot
receive
33
compensation
for
permanent
partial
disability
if
the
employee
34
is
receiving
compensation
for
permanent
total
disability.
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New
Code
section
85.34(3)(c)
provides
that
an
employee
1
forfeits
the
employee’s
weekly
compensation
for
a
permanent
2
total
disability
for
a
week
in
which
the
employee
is
receiving
3
a
payment
equal
to
or
greater
than
50
percent
of
the
statewide
4
average
weekly
wage
from
gross
earnings
from
any
employer
or
5
payment
for
services
from
any
source.
6
New
Code
section
85.34(3)(d)
provides
that
an
employee
is
7
not
entitled
to
compensation
for
a
permanent
total
disability
8
while
the
employee
is
receiving
unemployment
compensation
under
9
Code
chapter
96.
10
Code
section
85.34(4)
is
amended
to
provide
that
an
employer
11
can
receive
credit
for
excess
payments
of
temporary
total
12
disability,
healing
period,
or
temporary
partial
disability
13
to
an
employee
against
the
liability
of
the
employer
for
any
14
future
weekly
benefits
due
for
an
injury
to
the
employee.
15
Code
section
85.34(5)
is
amended
to
provide
that
an
employer
16
can
receive
credit
for
excess
payments
of
any
weekly
benefits
17
paid
to
an
employee
against
the
liability
of
the
employer
for
18
any
future
weekly
benefits
for
permanent
partial
disability
19
that
is
due
for
any
current
or
subsequent
injury
to
the
20
same
employee.
Provisions
limiting
the
establishment
of
an
21
overpayment
and
the
availability
of
credit
are
stricken.
22
Code
section
85.34(7)(a)
relating
to
compensation
of
an
23
employee
in
the
case
of
successive
disabilities
is
amended
to
24
provide
that
an
employer
is
only
liable
for
that
portion
of
an
25
employee’s
disability
that
relates
to
the
injury
that
serves
as
26
the
basis
for
the
employee’s
claim
for
workers’
compensation.
27
An
employer
is
not
liable
for
compensating
an
employee’s
28
preexisting
disability
that
arose
out
of
and
in
the
course
of
29
employment
with
the
employer
to
the
extent
that
the
preexisting
30
disability
has
already
been
compensated.
Code
section
31
85.34(7)(b)
and
(c)
relating
to
compensation
of
preexisting
or
32
combined
disabilities
and
successor
employers
are
stricken.
33
Code
section
85.39,
relating
to
medical
examinations
of
34
injured
employees
for
evaluation
of
permanent
disability,
is
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amended
to
provide
that
refusal
of
an
employee
to
submit
to
an
1
examination
requested
by
the
employer
forfeits
the
employee’s
2
right
to
any
compensation
for
the
period
of
the
refusal.
3
Code
section
85.39
is
also
amended
to
provide
that
an
4
employer
is
only
liable
to
reimburse
an
employee
for
a
medical
5
examination
requested
by
the
employee
if
the
injury
for
which
6
the
employee
is
being
examined
is
found
to
be
compensable
under
7
workers’
compensation
law.
An
employer
is
not
liable
for
the
8
cost
of
the
examination
if
the
injury
for
which
the
employee
9
is
being
examined
is
determined
not
to
be
a
compensable
10
injury.
An
employer
is
liable
to
pay
a
reasonable
fee
for
an
11
examination
requested
by
the
employee
with
reasonableness
to
12
be
determined
based
on
the
typical
fee
charged
by
a
medical
13
provider
to
perform
an
impairment
rating
in
the
local
area
14
where
the
examination
is
conducted.
15
Code
section
85.45(1),
relating
to
commutations
of
future
16
payments
of
compensation,
is
amended
to
require
that
future
17
payments
may
be
commuted
only
upon
application
of
a
party
18
to
the
workers’
compensation
commissioner
and
upon
written
19
consent
of
all
parties
to
the
proposed
commutation
or
partial
20
commutation.
21
New
Code
section
85.45(3)
provides
that
the
parties
to
any
22
commutation
or
partial
commutation
of
future
compensation
23
payments
agreed
to
and
ordered
pursuant
to
this
Code
section
24
may
also
agree
that
the
employee
has
the
right
to
benefits
25
pursuant
to
Code
section
85.27
under
such
terms
and
conditions
26
as
agreed
to
by
the
parties,
for
a
specified
period
of
time
27
after
the
commutation
or
partial
commutation
agreement
has
been
28
ordered
by
the
workers’
compensation
commissioner.
During
that
29
specified
period
of
time,
the
commissioner
has
jurisdiction
30
of
the
commutation
or
partial
commutation
agreement
for
31
the
purpose
of
adjudicating
the
employee’s
entitlement
to
32
benefits
provided
for
in
Code
section
85.27
as
provided
in
the
33
agreement.
34
Code
section
85.61(7)
is
amended
to
provide
that
for
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purposes
of
the
definition
of
“personal
injury
arising
out
of
1
and
in
the
course
of
business”,
an
employee’s
injury
must
be
2
found
to
be
the
predominant
factor
in
causing
the
disability
3
for
which
worker’s
compensation
is
claimed.
An
injury
is
the
4
predominant
factor
in
causing
a
disability
if
more
than
50
5
percent
of
the
disability
is
attributable
to
the
injury.
6
Code
section
85.71(1)(a),
concerning
compensation
for
7
injuries
that
occur
outside
of
the
state,
is
amended
to
provide
8
that
Iowa
law
is
applicable
if
the
employer
has
a
place
of
9
business
in
this
state
and
the
employee
regularly
works
at
10
or
from
that
place
of
business.
The
statute
is
no
longer
11
applicable
when
the
employer
has
a
place
of
business
in
this
12
state
and
the
employee
is
domiciled
in
this
state.
13
Code
section
86.26,
which
allows
judicial
review
of
14
decisions
or
orders
of
the
workers’
compensation
commissioner
15
in
district
court,
is
amended
to
provide
that
a
timely
petition
16
for
judicial
review,
that
is
accompanied
by
a
bond
securing
any
17
compensation
awarded
pursuant
to
the
order
or
decision
as
fixed
18
and
approved
by
the
court,
shall
stay
execution
and
enforcement
19
of
the
decision
or
order.
Either
party
may
object
to
the
20
amount
of
the
bond
set
by
the
court
as
being
unreasonable
or
21
inadequate.
22
Code
section
86.39
is
amended
to
provide
that
an
attorney
23
cannot
recover
fees
for
legal
services
based
on
the
amount
of
24
workers’
compensation
voluntarily
paid
or
agreed
to
be
paid
to
25
an
employee
for
temporary
or
permanent
disability.
An
attorney
26
can
only
recover
a
fee
based
on
the
amount
of
compensation
27
that
the
attorney
demonstrates
would
not
have
been
paid
to
the
28
employee
but
for
the
efforts
of
the
attorney.
Disputes
over
29
the
recovery
of
attorney
fees
shall
be
resolved
by
the
workers’
30
compensation
commissioner.
31
Code
section
86.42
is
amended
to
refer
to
new
Code
section
32
86.26(2)
which
allows
a
stay
of
execution
and
enforcement
of
33
an
order
or
decision
by
the
workers’
compensation
commissioner
34
when
a
petition
for
judicial
review
is
accompanied
by
the
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posting
of
a
bond.
1
Code
section
535.3(1),
concerning
interest
due
on
unpaid
2
weekly
workers’
compensation
payments,
is
amended
to
provide
3
that
instead
of
a
10
percent
per
year
interest
rate,
interest
4
shall
accrue
from
the
date
each
compensation
payment
is
due
at
5
an
annual
rate
equal
to
the
one-year
treasury
constant
maturity
6
published
by
the
federal
reserve
in
the
most
recent
H15
report
7
settled
prior
to
the
date
each
compensation
payment
is
due
plus
8
2
percent.
9
The
bill
is
effective
upon
enactment.
10
The
sections
of
the
bill
amending
Code
sections
85.16,
11
85.18,
85.23,
85.26,
85.33,
85.34,
85.39,
85.61,
85.71,
86.26,
12
86.39,
and
86.42
apply
to
injuries
occurring
on
or
after
the
13
effective
date
of
the
bill.
14
The
sections
of
the
bill
amending
Code
section
85.45
apply
15
to
commutations
for
which
applications
are
filed
on
or
after
16
the
effective
date
of
the
bill.
17
-20-
LSB
1691XC
(23)
87
av/rj
20/
20