Relating to workers’ compensation

16(2)(b) also provides that once the employer has made a showing of presumed intoxication, the burden of proof shall be on the employee to overcome the presumption by establishing that the employee was not intoxicated at the time of the injury, or that intoxication was not a substantial factor in causing the injury.18, concerning the ability of a contract to relieve an employer of liability, to eliminate a provision which stated that the Code section does not create a private cause of action.26(1), concerning limitations of actions, to remove definitions of “date of the occurrence of the injury” to mean the date the employee knew or should have known that the injury was work-related.33(3) that work offered at the employer’s principal place of business or established place of operation where the employee has previously worked is presumed to be geographically suitable for an employee whose duties involve travel away from the employer’s principal place of business or established place of operation more than percent of the time. The bill also strikes provisions concerning offers of temporary work and what occurs if employees turn down offers of temporary work, including the procedures to follow.34(1), rather than when it is medically indicated that maximum medical improvement from the injury has been reached and that the extent of loss or percentage of permanent impairment can be determined by use of 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.34(2) by striking paragraph “n”, which states: “For the loss of a shoulder, weekly compensation during four hundred weeks”.34(2)(a)-(u), to remove a provision that a reduction in the employee’s earning capacity caused by a disability must take into account the employee’s permanent partial disability and the number of years in the future it was reasonably anticipated the employee would work at the time of the injury. 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(3) while the employee is receiving unemployment compensation under Code chapter 96.34(2), rather than against the liability of the employer for any future weekly benefits due for an injury to that employee.34(2), for any subsequent, rather than current or subsequent injury, to the same employee.13. The bill provides additional detail about the settlement agreement process.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.39 concerning examination of injured employees. The bill provides that if an employee refuses to submit to an examination, the employee’s right to compensation shall be suspended for the period of refusal, rather than forfeited. The bill maintains a similar provision in the Code that compensation shall not be payable for the period of suspension. The bill eliminates a provision that an employer is only liable to reimburse an employee for the cost of an examination if the injury for which the employee is being examined is determined to be compensable under Code chapter 85, 85A, or 85B, and an employer is not liable for the cost of such an examination if the injury for which the employee is being examined is determined not to be a compensable injury. The bill also eliminates a provision which provides for the reasonableness measure of a medical provider’s fee for an impairment rating.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, 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.26(2) which provides that a timely petition for judicial review shall stay the execution or enforcement of a decision or order of the workers’ compensation commissioner if the party seeking judicial review posts a bond securing any compensation awarded pursuant to the decision or order.39(2) which provides that an attorney shall not recover fees for legal services based on the amount of compensation voluntarily paid or agreed to be paid to an employee for temporary or permanent disability under Code chapter 85, 85A, 85B, or 86. Also stricken is a provision that an attorney shall only recover a fee based on the amount of compensation that the attorney demonstrates would not have been paid to the employee but for the efforts of the attorney. Finally, the bill strikes a provision that any disputes over the recovery of attorney fees under this subsection shall be resolved by the workers’ compensation commissioner.26(2).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.