85.33 TEMPORARY TOTAL AND TEMPORARY PARTIAL
DISABILITY.
1. Except as provided in subsection 2 of this section, the
employer shall pay to an employee for injury producing temporary
total disability weekly compensation benefits, as provided in section
85.32, until the employee has returned to work or is medically
capable of returning to employment substantially similar to the
employment in which the employee was engaged at the time of injury,
whichever occurs first.
2. "Temporary partial disability" or "temporarily,
partially disabled" means the condition of an employee for whom it
is medically indicated that the employee is not capable of returning
to employment substantially similar to the employment in which the
employee was engaged at the time of injury, but is able to perform
other work consistent with the employee's disability. "Temporary
partial benefits" means benefits payable, in lieu of temporary total
disability and healing period benefits, to an employee because of the
employee's temporary partial reduction in earning ability as a result
of the employee's temporary partial disability. Temporary partial
benefits shall not be considered benefits payable to an employee,
upon termination of temporary partial or temporary total disability,
the healing period, or permanent partial disability, because the
employee is not able to secure work paying weekly earnings equal to
the employee's weekly earnings at the time of injury.
3. If an employee is temporarily, partially disabled and the
employer for whom the employee was working at the time of injury
offers to the employee suitable work consistent with the employee's
disability the employee shall accept the suitable work, and be
compensated with temporary partial benefits. If the employee refuses
to accept the suitable work with the same employer, the employee
shall not be compensated with temporary partial, temporary total, or
healing period benefits during the period of the refusal. If
suitable work is not offered by the employer for whom the employee
was working at the time of the injury and the employee who is
temporarily partially disabled elects to perform work with a
different employer, the employee shall be compensated with temporary
partial benefits.
4. If an employee is entitled to temporary partial benefits under
subsection 3 of this section, the employer for whom the employee was
working at the time of injury shall pay to the employee weekly
compensation benefits, as provided in section 85.32, for and during
the period of temporary partial disability. The temporary partial
benefit shall be sixty-six and two-thirds percent of the difference
between the employee's weekly earnings at the time of injury,
computed in compliance with section 85.36, and the employee's actual
gross weekly income from employment during the period of temporary
partial disability. If at the time of injury an employee is paid on
the basis of the output of the employee, with a minimum guarantee
pursuant to a written employment agreement, the minimum guarantee
shall be used as the employee's weekly earnings at the time of
injury. However, the weekly compensation benefits shall not exceed
the payments to which the employee would be entitled under section
85.36 or section 85.37, or under subsection 1 of this section.
5. If an employee sustains an injury arising out of and in the
course of employment while receiving temporary partial disability
benefits, the rate of weekly compensation benefits shall be based on
the employee's weekly earnings at the time of the injury producing
temporary partial disability.
6. For purposes of this section and section 85.34, subsection 1,
"employment substantially similar to the employment in which the
employee was engaged at the time of injury" includes, for purposes
of an individual who was injured in the course of performing as a
professional athlete, any employment the individual has previously
performed.
85.33 TEMPORARY TOTAL AND TEMPORARY PARTIAL
DISABILITY.
1. Except as provided in subsection 2 of this section, the
employer shall pay to an employee for injury producing temporary
total disability weekly compensation benefits, as provided in section
85.32, until the employee has returned to work or is medically
capable of returning to employment substantially similar to the
employment in which the employee was engaged at the time of injury,
whichever occurs first.
2. "Temporary partial disability" or "temporarily,
partially disabled" means the condition of an employee for whom it
is medically indicated that the employee is not capable of returning
to employment substantially similar to the employment in which the
employee was engaged at the time of injury, but is able to perform
other work consistent with the employee's disability. "Temporary
partial benefits" means benefits payable, in lieu of temporary total
disability and healing period benefits, to an employee because of the
employee's temporary partial reduction in earning ability as a result
of the employee's temporary partial disability. Temporary partial
benefits shall not be considered benefits payable to an employee,
upon termination of temporary partial or temporary total disability,
the healing period, or permanent partial disability, because the
employee is not able to secure work paying weekly earnings equal to
the employee's weekly earnings at the time of injury.
3. If an employee is temporarily, partially disabled and the
employer for whom the employee was working at the time of injury
offers to the employee suitable work consistent with the employee's
disability the employee shall accept the suitable work, and be
compensated with temporary partial benefits. If the employee refuses
to accept the suitable work with the same employer, the employee
shall not be compensated with temporary partial, temporary total, or
healing period benefits during the period of the refusal. If
suitable work is not offered by the employer for whom the employee
was working at the time of the injury and the employee who is
temporarily partially disabled elects to perform work with a
different employer, the employee shall be compensated with temporary
partial benefits.
4. If an employee is entitled to temporary partial benefits under
subsection 3 of this section, the employer for whom the employee was
working at the time of injury shall pay to the employee weekly
compensation benefits, as provided in section 85.32, for and during
the period of temporary partial disability. The temporary partial
benefit shall be sixty-six and two-thirds percent of the difference
between the employee's weekly earnings at the time of injury,
computed in compliance with section 85.36, and the employee's actual
gross weekly income from employment during the period of temporary
partial disability. If at the time of injury an employee is paid on
the basis of the output of the employee, with a minimum guarantee
pursuant to a written employment agreement, the minimum guarantee
shall be used as the employee's weekly earnings at the time of
injury. However, the weekly compensation benefits shall not exceed
the payments to which the employee would be entitled under section
85.36 or section 85.37, or under subsection 1 of this section.
5. If an employee sustains an injury arising out of and in the
course of employment while receiving temporary partial disability
benefits, the rate of weekly compensation benefits shall be based on
the employee's weekly earnings at the time of the injury producing
temporary partial disability.
6. For purposes of this section and section 85.34, subsection 1,
"employment substantially similar to the employment in which the
employee was engaged at the time of injury" includes, for purposes
of an individual who was injured in the course of performing as a
professional athlete, any employment the individual has previously
performed.
85.33 TEMPORARY TOTAL AND TEMPORARY PARTIAL
DISABILITY.
1. Except as provided in subsection 2 of this section, the
employer shall pay to an employee for injury producing temporary
total disability weekly compensation benefits, as provided in section
85.32, until the employee has returned to work or is medically
capable of returning to employment substantially similar to the
employment in which the employee was engaged at the time of injury,
whichever occurs first.
2. "Temporary partial disability" or "temporarily,
partially disabled" means the condition of an employee for whom it
is medically indicated that the employee is not capable of returning
to employment substantially similar to the employment in which the
employee was engaged at the time of injury, but is able to perform
other work consistent with the employee's disability. "Temporary
partial benefits" means benefits payable, in lieu of temporary total
disability and healing period benefits, to an employee because of the
employee's temporary partial reduction in earning ability as a result
of the employee's temporary partial disability. Temporary partial
benefits shall not be considered benefits payable to an employee,
upon termination of temporary partial or temporary total disability,
the healing period, or permanent partial disability, because the
employee is not able to secure work paying weekly earnings equal to
the employee's weekly earnings at the time of injury.
3. If an employee is temporarily, partially disabled and the
employer for whom the employee was working at the time of injury
offers to the employee suitable work consistent with the employee's
disability the employee shall accept the suitable work, and be
compensated with temporary partial benefits. If the employee refuses
to accept the suitable work with the same employer, the employee
shall not be compensated with temporary partial, temporary total, or
healing period benefits during the period of the refusal. If
suitable work is not offered by the employer for whom the employee
was working at the time of the injury and the employee who is
temporarily partially disabled elects to perform work with a
different employer, the employee shall be compensated with temporary
partial benefits.
4. If an employee is entitled to temporary partial benefits under
subsection 3 of this section, the employer for whom the employee was
working at the time of injury shall pay to the employee weekly
compensation benefits, as provided in section 85.32, for and during
the period of temporary partial disability. The temporary partial
benefit shall be sixty-six and two-thirds percent of the difference
between the employee's weekly earnings at the time of injury,
computed in compliance with section 85.36, and the employee's actual
gross weekly income from employment during the period of temporary
partial disability. If at the time of injury an employee is paid on
the basis of the output of the employee, with a minimum guarantee
pursuant to a written employment agreement, the minimum guarantee
shall be used as the employee's weekly earnings at the time of
injury. However, the weekly compensation benefits shall not exceed
the payments to which the employee would be entitled under section
85.36 or section 85.37, or under subsection 1 of this section.
5. If an employee sustains an injury arising out of and in the
course of employment while receiving temporary partial disability
benefits, the rate of weekly compensation benefits shall be based on
the employee's weekly earnings at the time of the injury producing
temporary partial disability.
6. For purposes of this section and section 85.34, subsection 1,
"employment substantially similar to the employment in which the
employee was engaged at the time of injury" includes, for purposes
of an individual who was injured in the course of performing as a
professional athlete, any employment the individual has previously
performed.
