Senate File 454 - Introduced SENATE FILE 454 BY TOWNSEND , TRONE GARRIOTT , DONAHUE , DOTZLER , WINCKLER , ZIMMER , BLAKE , WAHLS , and BISIGNANO A BILL FOR An Act relating to standards for determination of loss or 1 permanent impairment for purposes of permanent partial 2 disability under workers compensation and including 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2164XS (3) 91 je/js
S.F. 454 Section 1. Section 85.34, subsection 2, unnumbered 1 paragraph 1, Code 2025, is amended to read as follows: 2 Compensation for permanent partial disability shall begin 3 when it is medically indicated that maximum medical improvement 4 from the injury has been reached and that the extent of loss or 5 percentage of permanent impairment can be determined by use of 6 the most recent annual update to the most recent edition of the 7 guides to the evaluation of permanent impairment , published by 8 the American medical association , as adopted by the workers 9 compensation commissioner by rule pursuant to chapter 17A . The 10 compensation shall be in addition to the benefits provided by 11 sections 85.27 and 85.28 . The compensation shall be based 12 upon the extent of the disability and upon the basis of eighty 13 percent per week of the employees average spendable weekly 14 earnings, but not more than a weekly benefit amount, rounded to 15 the nearest dollar, equal to one hundred eighty-four percent of 16 the statewide average weekly wage paid employees as determined 17 by the department of workforce development under section 96.1A, 18 subsection 35 , and in effect at the time of the injury. The 19 minimum weekly benefit amount shall be equal to the weekly 20 benefit amount of a person whose gross weekly earnings are 21 thirty-five percent of the statewide average weekly wage. For 22 all cases of permanent partial disability , compensation shall 23 be paid as follows: 24 Sec. 2. Section 85.34, subsection 2, paragraph x, Code 2025, 25 is amended to read as follows: 26 x. In all cases of permanent partial disability described in 27 paragraphs a through u , or paragraph v when determining 28 functional disability and not loss of earning capacity, the 29 extent of loss or percentage of permanent impairment shall 30 be determined solely by utilizing the most recent annual 31 update to the most recent edition of the guides to the 32 evaluation of permanent impairment , published by the American 33 medical association , as adopted by the workers compensation 34 commissioner by rule pursuant to chapter 17A . Lay testimony 35 -1- LSB 2164XS (3) 91 je/js 1/ 2
S.F. 454 or agency expertise shall not be utilized in determining loss 1 or percentage of permanent impairment pursuant to paragraphs 2 a through u , or paragraph v when determining functional 3 disability and not loss of earning capacity. 4 Sec. 3. APPLICABILITY. This Act applies to determinations 5 of extent of loss or percentage of permanent impairment for 6 purposes of section 85.34, subsection 2, occurring on or after 7 the effective date of this Act. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 Under current law, determinations of extent of loss or 12 percentage of permanent impairment for purposes of permanent 13 partial disability under workers compensation use the guides 14 to the evaluation of permanent impairment published by the 15 American medical association, as adopted by the workers 16 compensation commissioner by rule. This bill specifies that 17 the most recent annual update to the most recent edition of 18 the guides shall be used. The bill strikes the requirement 19 that the workers compensation commissioner adopt the guides 20 by rule. 21 The workers compensation commissioner has adopted the fifth 22 edition of the guides, published in 2001, by rule. The most 23 recent annual update to the most recent edition of the guides 24 is currently the 2024 update to the sixth edition. 25 The bill applies to determinations of extent of loss or 26 percentage of permanent impairment for purposes of permanent 27 partial disability under workers compensation occurring on or 28 after the effective date of the bill. 29 -2- LSB 2164XS (3) 91 je/js 2/ 2