Relating to workers’ compensation

The bill removes a provision that an employee who returns to work or is offered work for the same or more money than the employee received when injured shall be compensated only for functional disability, and not in relation to earning capacity.26(2), regarding limitations of actions.34(2)(x), concerning permanent partial disability.34(2)(v), when determining functional disability and not loss of earning capacity, the extent of loss or percentage of permanent impairment shall be determined solely by utilizing the guides to the evaluation of permanent impairment, published by the American medical association, as adopted by the workers’ compensation commissioner by rule pursuant to Code chapter 17A. The Code section prohibits lay testimony or agency expertise from being utilized in making this determination.34(2)(y), concerning permanent partial disability. The paragraph provides that compensation for permanent partial disability for an injury shall terminate on the date when compensation for permanent total disability for any injury begins. The Code section prohibits an employee from receiving compensation for permanent partial disability if the employee is receiving compensation for permanent total disability.34(3)(a), concerning permanent total disability, to provide that the weekly compensation is payable “during the period of the employee’s disability”, rather than “until the employee is no longer permanently and totally disabled”.34(3)(b) to provide that in the event compensation has been paid to any person under any provision of Code chapter 85, 85A, or 85B for the same injury, rather than an injury, producing a permanent disability, any such amount so paid shall be deducted from the total amount of compensation payable for permanent total disability. The bill also amends the paragraph to remove a provision which provided that “an employee shall not receive compensation for permanent partial disability if the employee is receiving compensation for permanent total disability”.34(3)(c), which provides that an employee forfeits the employee’s weekly compensation for a permanent total disability under this subsection for a week in which the employee is receiving a payment equal to or greater than percent of the statewide average weekly wage from any of the following sources: gross earnings from any employer or payment for current services from any source.34(7), concerning successive disabilities, to provide that an employer is fully liable for compensating all of an employee’s disability that arises out of and in the course of the employee’s employment with the employer and removes the requirement that it relate to the injury that serves as the basis for the employee’s claim for compensation under Code chapter 85, 85A, 85B, or 86. The bill also removes a provision that an employer is not liable for compensating an employee’s preexisting disability that arose out of and in the course of employment from a prior injury with the employer, to the extent that the employee’s preexisting disability has already been compensated under Code chapter 85, 85A, 85B, or 86.34(2) as the employee’s present injury, the employer is liable for the combined disability that is caused by the injuries, measured in relation to the employee’s condition immediately prior to the first injury. In this instance, the employer’s liability for the combined disability shall be considered to be already partially satisfied to the extent of the percentage of disability for which the employee was previously compensated by the employer.34(2)(v) and the employee has a preexisting disability that causes the employee’s earnings to be less at the time of the present injury than if the prior injury had not occurred, the employer’s liability for the combined disability shall be considered to be already partially satisfied to the extent of the percentage of disability for which the employee was previously compensated by the employer minus the percentage that the employee’s earnings are less at the time of the present injury than if the prior injury had not occurred. Additionally, the bill provides that a successor employer shall be considered to be the same employer if the employee became part of the successor employer’s workforce through a merger, purchase, or other transaction that assumes the employee into the successor employer’s workforce without substantially changing the nature of the employee’s employment.45(1), concerning commutation, by removing the requirement that commutation of future payments of compensation shall take place only upon application by a party to the commissioner and the written consent of all parties to the commutation or partial commutation.27 for a specified period of time under such terms and conditions as agreed to by the workers’ compensation commissioner.27 as provided in the agreement.34(2)(n)) and who cannot return to gainful employment because of such disability and who applies and receives approval from the workers’ compensation commissioner shall be entitled to a weekly payment of $100 in addition to any other weekly benefit payment, during each full week that the employee is actively participating in a vocational rehabilitation program, which has been recognized by the vocational rehabilitation services division of the department of education. The bill removes the reference to a shoulder injury. The bill strikes a provision relating to the vocational training and education program for shoulder injuries.71, concerning compensation for injuries that occur outside of the state. The bill amends the Code section to provide that the statute is applicable not only if the employer has a place of business in this state and the employee regularly works at or from that place of business, but also if the employer has a place of business in this state and the employee is domiciled in this state.30 for which the rate shall be percent per year.30 shall accrue from the date each compensation payment is due at an annual rate equal to the one-year treasury constant maturity published by the federal reserve in the most recent H15 report settled as of the date of injury, plus percent.