General Assembly: 82 (2008 Regular GA) - Chapter 1091 - Out-of-state work-related injuries


Published: 2008-04-16

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292LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSIONCH. 1090

a city utility or enterprise service to the property or premises has been ormay be discontinued as provided in this section. c. A lien for a city utility or enterprise service under paragraph “a” shall not be certified to

the county treasurer for collection unless prior written notice of intent to certify a lien is given to the account holder of inwhose name the delinquent account rates or charges were incurred at least thirty days prior to certification. If the account holder is a tenant, and if the owner or landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinarymail not less than thirty days prior to certification of the lien to the county treasurer. d. Residential rental property where a charge for water service is separately metered and

paid directly to the city utility or enterprise by the tenant is exempt from a lien for delinquent rates or charges associated with such water service if the landlord gives written notice to the city utility or enterprise that the property is residential rental property and that the tenant is liable for the rates or charges. A city utility or enterprise may require a deposit not exceeding the usual cost of ninety days of water service to be paid to the utility or enterprise. Upon re- ceipt, the utility or enterprise shall acknowledge the notice and deposit. A written notice shall contain the name of the tenant responsible for charges, address of the residential rental prop- erty that the tenant is to occupy, and the date that the occupancy begins. A change in tenant shall require a new written notice to be given to the city utility or enterprise within ten thirty business days of the change in tenant. When the tenant moves from the rental property, the city utility or enterprise shall return the deposit if the water service charges are paid in full. A change in theownershipof the residential rental property shall requirewrittennotice of such change to be given to the city utility or enterprise within ten business days of the completion of the change of ownership. The lien exemption for rental property does not apply to charges for repairs to a water service if the repair charges become delinquent.

Approved April 16, 2008

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CH. 1091CH. 1091

CHAPTER 1091 OUT-OF-STATE WORK-RELATED INJURIES

H.F. 2542

AN ACT concerning work-related injuries suffered and claims made outside of this state.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 85.71, Code 2007, is amended to read as follows: 85.71 INJURY OUTSIDE OF STATE. 1. If an employee, while working outside the territorial limits of this state, suffers an injury

on account of which the employee, or in the event of death, the employee’s dependents, would have been entitled to the benefits provided by this chapter had such injury occurredwithin this state, suchemployee, or in theevent of death resulting fromsuch injury, the employee’s depen- dents, shall be entitled to the benefits provided by this chapter, if at the time of such injury any of the following is applicable: 1. a. The employment is principally localized in this state, that is, the employee’s employer

has a place of business in this or some other state and the employee regularly works in this state, or if the employee’s employer has a at or from that place of business in this state and the employee is domiciled in this state.

293 LAWS OF THE EIGHTY-SECOND G.A., 2008 SESSION CH. 1091

2. The employee is working under a contract of hire made in this state in employment not principally localized in any state and the employee spends a substantial part of the employee’s working time working for the employer in this state. 3. b. The employee is working under a contract of hire made in this state in employment

principally localized in another state, whose workers’ compensation law is not applicable to the employee’s employer and the employee regularly works in this state. c. The employee isworking under a contract of hiremade in this state and sustains an injury

for which no remedy is available under the workers’ compensation laws of another state. 4. d. The employee is working under a contract of hire made in this state for employment

outside the United States. 5. e. The employer has a place of business in Iowa, and the employee is working under a

contract of hire which provides that the employee’s workers’ compensation claims be gov- erned by Iowa law. 2. This section shall be construed to confer personal jurisdiction over an employee or em-

ployer to whom the section is applicable.

Sec. 2. Section 85.72, Code 2007, is amended to read as follows: 85.72 CLAIMS FOR BENEFITSMADEOUTSIDEOF STATE—RESTRICTIONS—CRED-

IT. 1. An employee, or an employee’s dependents, shall not be entitled to benefits under this

chapter if the employee or the employee’s dependents have initiated a judicial proceeding or a contested case or other similar proceeding for the same injury, disability, or death pursuant to the laws of another state or country concerning workers’ compensation, and the employee or the employee’s dependents receive benefits following final resolution of the proceeding pursuant to a settlement, judgment, or award. 2. If an employee, or an employee’s dependents, initiate a judicial proceeding or a contested

case or other similar proceeding for benefits pursuant to the laws of another state or country concerning workers’ compensation, any proceeding initiated by an employee, or an em- ployee’s dependents, forworkers’ compensation benefits under this chapter for the same inju- ry, disability, or death shall be stayed,without prejudice, pending resolution of the out-of-state claim for benefits. 3. If benefits are paid under this chapter and were payable, at any time, for the same injury,

disability, or death pursuant to the laws of another state or country concerning workers’ com- pensation, the employer shall have a credit toward the benefits payable under this chapter for any benefits paid in another state or country. Benefits paid in another state or country consti- tute weekly compensation benefits for the purposes of sections 85.26 and 86.13.

Approved April 16, 2008