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| 1 | 1 | House File 421 - Introduced HOUSE FILE 421 BY BODEN A BILL FOR An Act relating to injuries subject to workers compensation 1 and including retroactive applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1675YH (2) 91 je/js | |
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| 3 | 3 | H.F. 421 Section 1. Section 85.26, subsection 1, Code 2025, is 1 amended to read as follows: 2 1. a. An original proceeding for benefits under chapter 3 10A, subchapter III , this chapter , or chapter 85A or 85B , 4 shall not be maintained in any contested case unless the 5 proceeding is commenced within two years from the date of the 6 occurrence of the injury for which benefits are claimed or, if 7 weekly compensation benefits are paid under section 10A.315 , 8 within three years from the date of the last payment of weekly 9 compensation benefits. 10 b. If the two-year period provided in paragraph a is 11 exceeded because the employee was unable to obtain an accurate 12 diagnosis of the injury within the period from a health service 13 provider chosen by the employer pursuant to section 85.27, the 14 period shall be extended until such time as the employee can 15 obtain such a diagnosis. This paragraph shall only apply if 16 a delay in such a diagnosis beyond the two-year period was 17 solely the result of action taken or not taken by the health 18 service provider and if the employee demonstrates that the 19 employee made a diligent effort to obtain such a diagnosis from 20 the health care provider without undue delay on the employees 21 part. 22 c. For the purposes of this section , date of the occurrence 23 of the injury means the date that the employee knew or should 24 have known that , based on the nature, seriousness, and probable 25 compensable character of the injury was work-related , that the 26 injury was serious enough to have a permanent adverse impact on 27 the employees employment or employability . 28 Sec. 2. RETROACTIVE APPLICABILITY. This Act applies 29 retroactively to injuries occurring on or after August 1, 2022. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanations substance by the members of the general assembly. 33 This bill relates to injuries under the workers 34 compensation program. 35 -1- LSB 1675YH (2) 91 je/js 1/ 2 | |
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| 5 | 5 | H.F. 421 Under current law, a proceeding on a claim for workers 1 compensation benefits must generally be commenced within two 2 years from the date of the occurrence of the injury for which 3 benefits are claimed in order to be valid. 4 The bill provides that if the two-year period is exceeded 5 because the employee was unable to obtain an accurate diagnosis 6 of the injury within the period from a health service provider 7 chosen by the employer, the period shall be extended until 8 such time as the employee can obtain such a diagnosis. This 9 exception to the two-year period only applies if a delay in 10 such a diagnosis beyond the period was solely the result of 11 action taken or not taken by the health service provider and 12 if the employee demonstrates that the employee made a diligent 13 effort to obtain such a diagnosis from the health care provider 14 without undue delay on the employees part. 15 Under current law, date of the occurrence of the injury is 16 defined for purposes of the two-year period as the date that 17 the employee knew or should have known that the injury was 18 work-related. 19 The bill provides that this term is defined as the date that 20 the employee knew or should have known, based on the nature, 21 seriousness, and probable compensable character of the injury, 22 that the injury was serious enough to have a permanent adverse 23 impact on the employees employment or employability. 24 The bill applies retroactively to injuries occurring on or 25 after August 1, 2022. 26 -2- LSB 1675YH (2) 91 je/js 2/ 2 |