Iowa Code § 85A.1
Short title
This chapter shall be known and referred to as the “Iowa Occupational Disease Law”.
Iowa Code Chapter 85A — Occupational Disease Compensation
Iowa · statute · Iowa Code ch. 85A · 26 active provisions
Iowa Code § 85A.2
Employers included
All employers as defined by the workers’ compensation law of Iowa and who are engaged in any business or industrial process designated and described in this chapter are employers within the provisions of and shall be subject to this chapter.
Iowa Code § 85A.3
Employees covered
All employees as defined by the workers’ compensation law of Iowa employed in any business or industrial process designated and described in this chapter and who in the course of their employment are exposed to an occupational disease as defined in this chapter are subject to the provisions of this chapter.
Iowa Code § 85A.4
Disablement defined
As used in this chapter, “disablement” means the event or condition where an employee becomes actually incapacitated from performing the employee’s work or from earning equal wages in other suitable employment because of an occupational disease as defined in this chapter in the last occupation in which such employee is…
Iowa Code § 85A.5
Compensation payable
1. All employees subject to the provisions of this chapter who shall become disabled from injurious exposure to an occupational disease designated and defined in this chapter and within the conditions, limitations, and requirements provided in this chapter, shall receive compensation, reasonable surgical, medical, oste…
Iowa Code § 85A.6
Dependents defined
Dependents of a deceased employee whose death has been caused by an occupational disease as defined in this chapter and under the provisions, conditions, and limitations of this chapter shall be those persons defined as dependents under the workers’ compensation law of Iowa and such dependents shall receive compensatio…
Iowa Code § 85A.7
Limitations and exceptions
The provisions of this chapter providing payment of workers’ compensation on account of occupational disease as defined and set out in this chapter, shall be subject to the following limitations and exceptions: 1. No compensation shall be payable if the employee, at the time of entering the employment of the employer i…
Iowa Code § 85A.8
Occupational disease defined
“Occupational disease” is limited to only those diseases which arise out of and in the course of the employee’s employment. The diseases shall have a direct causal connection with the employment and must have followed as a natural incident thereto from injurious exposure occasioned by the nature of the employment. An o…
Iowa Code § 85A.10
Last exposure — employer liable
If compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of the disease is liable for the compensation. The notice of injury and claim for compensation shall be given and made to the employer as required under this chapter.
Iowa Code § 85A.11
Diagnosis for brucellosis
1. If any employee is clinically diagnosed as having brucellosis, the employee shall not be considered to have the disease unless the clinical diagnosis is confirmed by either of the following: a. A positive blood culture for brucella organisms. b. A positive agglutination test which must be verified by not less than t…
Iowa Code § 85A.12
Disablement or death following exposure — limitations
1. An employer shall not be liable for any compensation for an occupational disease unless such disease shall be due to the nature of an employment in which the hazards of such disease actually exist, and which hazards are characteristic thereof and peculiar to the trade, occupation, process, or employment, and such di…
Iowa Code § 85A.13
Provisions relating to pneumoconiosis
1Pneumoconiosis defined. Whenever used in this chapter, “pneumoconiosis” shall mean the characteristic fibrotic condition of the lungs caused by the inhalation of dust particles. 2Presumptions. In the absence of conclusive evidence in favor of the claim, disability or death from pneumoconiosis shall be presumed not to…
Iowa Code § 85A.14
Restriction on liability
No compensation shall be payable under this chapter for any condition of physical or mental ill-being, disability, disablement, or death for which compensation is recoverable on account of injury under the workers’ compensation law.
Iowa Code § 85A.15
Employers limit of liability
Payments of compensation and compliance with other provisions herein by the employer or the employer’s insurance carrier in accordance with the findings and orders of the workers’ compensation commissioner or the court in judicial review proceedings shall discharge such employer from any and all further obligation.
Iowa Code § 85A.16
Reference to compensation law
The provisions of the workers’ compensation law, so far as applicable, and not inconsistent with this chapter, shall apply in cases of compensable occupational diseases as specified and defined in this chapter.
Iowa Code § 85A.17
Disability compensation
Compensation payable under this chapter for temporary disability, permanent total disability, or permanent partial disability shall be such amounts as are provided under the workers’ compensation law.
Iowa Code § 85A.18
Notice of disability or death filing of claims
Except as otherwise provided in this chapter, procedure with respect to notice of disability or death, as to the filing of claims and determination of claims shall be the same as in cases of injury or death arising out of and in the course of employment under the workers’ compensation law. Written notice shall be given…
Iowa Code § 85A.19
Autopsy
1. Upon the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary in order to accurately and scientifically ascertain and determine the cause of death, such autopsy shall be ordered by the workers’ compensation commissioner and shall be made under the supervision of the…
Iowa Code § 85A.20
Investigation
The workers’ compensation commissioner may designate the medical director of the department of health and human services and two physicians selected by the dean of the university of Iowa college of medicine, from the staff of the college, who shall be qualified to diagnose and report on occupational diseases. For the p…
Iowa Code § 85A.21
Controversial medical questions
Controversial medical questions may be referred by the workers’ compensation commissioner to the physicians designated in section 85A.20 for investigation and report to the workers’ compensation commissioner when agreed to by the parties or on the commissioner’s own motion. No award shall be made in any case where cont…
Iowa Code § 85A.22
Examination of employee by physicians
The physicians designated in section 85A.20, upon reference to them by the workers’ compensation commissioner of a claim for occupational disease, shall notify the claimant or claimants and the employer or the employer’s insurance carrier to appear before the physicians at a time and place stated in the notice. If the…
Iowa Code § 85A.23
Report — date of disablement
The physicians designated in section 85A.20 shall, as soon as practicable after the physicians have completed consideration of the case, report in writing the findings and conclusions on every medical question in controversy. If the date of disablement is controverted and cannot be fixed exactly, the physicians shall f…
Iowa Code § 85A.24
Findings and report
The physicians designated in section 85A.20 shall file the report in triplicate with the workers’ compensation commissioner who shall mail or deliver a certified copy of the report to the claimant and to the employer. The report shall become a part of the record of the case. The workers’ compensation commissioner shall…
Iowa Code § 85A.25
Existing diseases barred
1. There shall be no liability for the payment of compensation under the provisions of this chapter to any person who on October 1, 1947, is suffering with an occupational disease. An employer may at the employer’s own expense require the employer’s employees to submit to a physical examination prior to October 1, 1947…
Iowa Code § 85A.26
Insurance contracts
No policy of insurance in effect on October 1, 1947, covering the liability of an employer under the workers’ compensation law, shall be construed to cover the liability of such employer under this chapter for any occupational disease unless such liability is expressly accepted by the insurance carrier issuing such pol…
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