Section 85A.1 – Short title.

85A.1 Short title. This chapter shall be known and referred to as the “Iowa Occupational Disease Law”. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85A.1]

Section 85A.10 – Last exposure — employer liable.

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 […]

Section 85A.11 – Diagnosis for brucellosis.

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 […]

Section 85A.12 – Disablement or death following exposure — limitations.

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, […]

Section 85A.13 – Provisions relating to pneumoconiosis.

85A.13 Provisions relating to pneumoconiosis. 1. Pneumoconiosis defined. Whenever used in this chapter, “pneumoconiosis” shall mean the characteristic fibrotic condition of the lungs caused by the inhalation of dust particles. 2. Presumptions. In the absence of conclusive evidence in favor of the claim, disability or death from pneumoconiosis shall be presumed not to be due […]

Section 85A.14 – Restriction on liability.

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. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85A.14]

Section 85A.15 – Employers limit of liability.

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. [C50, 54, 58, 62, […]

Section 85A.16 – Reference to compensation law.

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. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85A.16] 2020 Acts, ch 1063, §46

Section 85A.17 – Disability — compensation.

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. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85A.17] Referred to in §96.7(2)(a), 96.23

Section 85A.18 – Notice of disability or death — filing of claims.

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 […]

Section 85A.19 – Autopsy.

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 medical […]

Section 85A.2 – Employers included.

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 hereinafter designated and described are employers within the provisions of this chapter and shall be subject thereto. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85A.2]

Section 85A.20 – Investigation.

85A.20 Investigation. The workers’ compensation commissioner may designate the industrial hygiene physician of the Iowa department of public health 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 purpose of […]

Section 85A.21 – Controversial medical questions.

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 controversial medical questions […]

Section 85A.22 – Examination of employee by physicians.

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. […]

Section 85A.23 – Report — date of disablement.

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 fix […]

Section 85A.24 – Findings and report.

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 […]

Section 85A.25 – Existing diseases barred.

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 […]

Section 85A.26 – Insurance contracts.

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 policy and […]

Section 85A.27 – Administration.

85A.27 Administration. The workers’ compensation commissioner shall have jurisdiction over the operation and administration of the compensation provisions of this chapter and said commissioner shall perform all of the duties imposed upon the commissioner by this chapter and such further duties as may hereafter be imposed by law. [C50, 54, 58, 62, 66, 71, 73, […]