Senate File 371 - Introduced SENATE FILE 371 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 TLSB 2202XS (2) 90 je/rn
S.F. 371 Section 1. Section 85.64, subsection 1, Code 2023, 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 employees 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 explanations 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. 26 The bill provides that if an employee who has suffered any 27 preexisting disability resulting from the employees military 28 service becomes permanently disabled by a compensable injury 29 which has resulted in the loss of or loss of use of a bodily 30 member or organ as specified under current law, the employer 31 shall be liable only for the degree of disability which would 32 have resulted from the latter injury if there had been no 33 preexisting disability. 34 The bill requires, after the expiration of the full period 35 -1- LSB 2202XS (2) 90 je/rn 1/ 2
S.F. 371 provided by law for payments from the employer, for the state 1 second injury fund to provide compensation to the employee 2 to the degree of permanent disability involved after first 3 deducting the compensable value of the preexisting military 4 service-related disability. 5 The bill applies to injuries on or after the effective date 6 of the bill. 7 -2- LSB 2202XS (2) 90 je/rn 2/ 2