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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
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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
employee’s
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
employee’s
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
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
injuries
under
the
workers’
34
compensation
program.
35
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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
employee’s
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
employee’s
employment
or
employability.
24
The
bill
applies
retroactively
to
injuries
occurring
on
or
25
after
August
1,
2022.
26
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