85.36 BASIS OF COMPUTATION.
The basis of compensation shall be the weekly earnings of the
injured employee at the time of the injury. Weekly earnings means
gross salary, wages, or earnings of an employee to which such
employee would have been entitled had the employee worked the
customary hours for the full pay period in which the employee was
injured, as regularly required by the employee's employer for the
work or employment for which the employee was employed, computed or
determined as follows and then rounded to the nearest dollar:
1. In the case of an employee who is paid on a weekly pay period
basis, the weekly gross earnings.
2. In the case of an employee who is paid on a biweekly pay
period basis, one-half of the biweekly gross earnings.
3. In the case of an employee who is paid on a semimonthly pay
period basis, the semimonthly gross earnings multiplied by
twenty-four and subsequently divided by fifty-two.
4. In the case of an employee who is paid on a monthly pay period
basis, the monthly gross earnings multiplied by twelve and
subsequently divided by fifty-two.
5. In the case of an employee who is paid on a yearly pay period
basis, the weekly earnings shall be the yearly earnings divided by
fifty-two.
6. In the case of an employee who is paid on a daily or hourly
basis, or by the output of the employee, the weekly earnings shall be
computed by dividing by thirteen the earnings, including shift
differential pay but not including overtime or premium pay, of the
employee earned in the employ of the employer in the last completed
period of thirteen consecutive calendar weeks immediately preceding
the injury. If the employee was absent from employment for reasons
personal to the employee during part of the thirteen calendar weeks
preceding the injury, the employee's weekly earnings shall be the
amount the employee would have earned had the employee worked when
work was available to other employees of the employer in a similar
occupation. A week which does not fairly reflect the employee's
customary earnings shall be replaced by the closest previous week
with earnings that fairly represent the employee's customary
earnings.
7. In the case of an employee who has been in the employ of the
employer less than thirteen calendar weeks immediately preceding the
injury, the employee's weekly earnings shall be computed under
subsection 6, taking the earnings, including shift differential pay
but not including overtime or premium pay, for such purpose to be the
amount the employee would have earned had the employee been so
employed by the employer the full thirteen calendar weeks immediately
preceding the injury and had worked, when work was available to other
employees in a similar occupation. If the earnings of other
employees cannot be determined, the employee's weekly earnings shall
be the average computed for the number of weeks the employee has been
in the employ of the employer.
8. If at the time of the injury the hourly earnings have not been
fixed or cannot be ascertained, the earnings for the purpose of
calculating compensation shall be taken to be the usual earnings for
similar services where such services are rendered by paid employees.
9. If an employee earns either no wages or less than the usual
weekly earnings of the regular full-time adult laborer in the line of
industry in which the employee is injured in that locality, the
weekly earnings shall be one-fiftieth of the total earnings which the
employee has earned from all employment during the twelve calendar
months immediately preceding the injury.
a. In computing the compensation to be allowed a volunteer
fire fighter, emergency medical care provider, reserve peace officer,
volunteer ambulance driver, volunteer emergency rescue technician as
defined in section 147A.1, or emergency medical technician trainee,
the earnings as a fire fighter, emergency medical care provider,
reserve peace officer, volunteer ambulance driver, volunteer
emergency rescue technician, or emergency medical technician trainee
shall be disregarded and the volunteer fire fighter, emergency
medical care provider, reserve peace officer, volunteer ambulance
driver, volunteer emergency rescue technician, or emergency medical
technician trainee shall be paid an amount equal to the compensation
the volunteer fire fighter, emergency medical care provider, reserve
peace officer, volunteer ambulance driver, volunteer emergency rescue
technician, or emergency medical technician trainee would be paid if
injured in the normal course of the volunteer fire fighter's,
emergency medical care provider's, reserve peace officer's, volunteer
ambulance driver's, volunteer emergency rescue technician's, or
emergency medical technician trainee's regular employment or an
amount equal to one hundred and forty percent of the statewide
average weekly wage, whichever is greater.
b. If the employee was an apprentice or trainee when injured,
and it is established under normal conditions the employee's earnings
should be expected to increase during the period of disability, that
fact may be considered in computing the employee's weekly earnings.
c. If the employee was an inmate as defined in section 85.59,
the inmate's actual earnings shall be disregarded, and the weekly
compensation rate shall be as set forth in section 85.59.
10. If a wage, or method of calculating a wage, is used for the
basis of the payment of a workers' compensation insurance premium for
a proprietor, partner, limited liability company member, limited
liability partner, or officer of a corporation, the wage or the
method of calculating the wage is determinative for purposes of
computing the proprietor's, partner's, limited liability company
member's, limited liability partner's, or officer's weekly workers'
compensation benefit rate.
11. In computing the compensation to be allowed an elected or
appointed official, the official may choose either of the following
payment options:
a. The official shall be paid an amount of compensation based
on the official's weekly earnings as an elected or appointed
official.
b. The earnings of the official as an elected or appointed
official shall be disregarded and the official shall be paid an
amount equal to one hundred forty percent of the statewide average
weekly wage.
12. In the case of an employee injured in the course of
performing as a professional athlete, the basis of compensation for
weekly earnings shall be one-fiftieth of total earnings which the
employee has earned from all employment for the previous twelve
months prior to the injury.
85.36 BASIS OF COMPUTATION.
The basis of compensation shall be the weekly earnings of the
injured employee at the time of the injury. Weekly earnings means
gross salary, wages, or earnings of an employee to which such
employee would have been entitled had the employee worked the
customary hours for the full pay period in which the employee was
injured, as regularly required by the employee's employer for the
work or employment for which the employee was employed, computed or
determined as follows and then rounded to the nearest dollar:
1. In the case of an employee who is paid on a weekly pay period
basis, the weekly gross earnings.
2. In the case of an employee who is paid on a biweekly pay
period basis, one-half of the biweekly gross earnings.
3. In the case of an employee who is paid on a semimonthly pay
period basis, the semimonthly gross earnings multiplied by
twenty-four and subsequently divided by fifty-two.
4. In the case of an employee who is paid on a monthly pay period
basis, the monthly gross earnings multiplied by twelve and
subsequently divided by fifty-two.
5. In the case of an employee who is paid on a yearly pay period
basis, the weekly earnings shall be the yearly earnings divided by
fifty-two.
6. In the case of an employee who is paid on a daily or hourly
basis, or by the output of the employee, the weekly earnings shall be
computed by dividing by thirteen the earnings, including shift
differential pay but not including overtime or premium pay, of the
employee earned in the employ of the employer in the last completed
period of thirteen consecutive calendar weeks immediately preceding
the injury. If the employee was absent from employment for reasons
personal to the employee during part of the thirteen calendar weeks
preceding the injury, the employee's weekly earnings shall be the
amount the employee would have earned had the employee worked when
work was available to other employees of the employer in a similar
occupation. A week which does not fairly reflect the employee's
customary earnings shall be replaced by the closest previous week
with earnings that fairly represent the employee's customary
earnings.
7. In the case of an employee who has been in the employ of the
employer less than thirteen calendar weeks immediately preceding the
injury, the employee's weekly earnings shall be computed under
subsection 6, taking the earnings, including shift differential pay
but not including overtime or premium pay, for such purpose to be the
amount the employee would have earned had the employee been so
employed by the employer the full thirteen calendar weeks immediately
preceding the injury and had worked, when work was available to other
employees in a similar occupation. If the earnings of other
employees cannot be determined, the employee's weekly earnings shall
be the average computed for the number of weeks the employee has been
in the employ of the employer.
8. If at the time of the injury the hourly earnings have not been
fixed or cannot be ascertained, the earnings for the purpose of
calculating compensation shall be taken to be the usual earnings for
similar services where such services are rendered by paid employees.
9. If an employee earns either no wages or less than the usual
weekly earnings of the regular full-time adult laborer in the line of
industry in which the employee is injured in that locality, the
weekly earnings shall be one-fiftieth of the total earnings which the
employee has earned from all employment during the twelve calendar
months immediately preceding the injury.
a. In computing the compensation to be allowed a volunteer
fire fighter, emergency medical care provider, reserve peace officer,
volunteer ambulance driver, volunteer emergency rescue technician as
defined in section 147A.1, or emergency medical technician trainee,
the earnings as a fire fighter, emergency medical care provider,
reserve peace officer, volunteer ambulance driver, volunteer
emergency rescue technician, or emergency medical technician trainee
shall be disregarded and the volunteer fire fighter, emergency
medical care provider, reserve peace officer, volunteer ambulance
driver, volunteer emergency rescue technician, or emergency medical
technician trainee shall be paid an amount equal to the compensation
the volunteer fire fighter, emergency medical care provider, reserve
peace officer, volunteer ambulance driver, volunteer emergency rescue
technician, or emergency medical technician trainee would be paid if
injured in the normal course of the volunteer fire fighter's,
emergency medical care provider's, reserve peace officer's, volunteer
ambulance driver's, volunteer emergency rescue technician's, or
emergency medical technician trainee's regular employment or an
amount equal to one hundred and forty percent of the statewide
average weekly wage, whichever is greater.
b. If the employee was an apprentice or trainee when injured,
and it is established under normal conditions the employee's earnings
should be expected to increase during the period of disability, that
fact may be considered in computing the employee's weekly earnings.
c. If the employee was an inmate as defined in section 85.59,
the inmate's actual earnings shall be disregarded, and the weekly
compensation rate shall be as set forth in section 85.59.
10. If a wage, or method of calculating a wage, is used for the
basis of the payment of a workers' compensation insurance premium for
a proprietor, partner, limited liability company member, limited
liability partner, or officer of a corporation, the wage or the
method of calculating the wage is determinative for purposes of
computing the proprietor's, partner's, limited liability company
member's, limited liability partner's, or officer's weekly workers'
compensation benefit rate.
11. In computing the compensation to be allowed an elected or
appointed official, the official may choose either of the following
payment options:
a. The official shall be paid an amount of compensation based
on the official's weekly earnings as an elected or appointed
official.
b. The earnings of the official as an elected or appointed
official shall be disregarded and the official shall be paid an
amount equal to one hundred forty percent of the statewide average
weekly wage.
12. In the case of an employee injured in the course of
performing as a professional athlete, the basis of compensation for
weekly earnings shall be one-fiftieth of total earnings which the
employee has earned from all employment for the previous twelve
months prior to the injury.
85.36 BASIS OF COMPUTATION.
The basis of compensation shall be the weekly earnings of the
injured employee at the time of the injury. Weekly earnings means
gross salary, wages, or earnings of an employee to which such
employee would have been entitled had the employee worked the
customary hours for the full pay period in which the employee was
injured, as regularly required by the employee's employer for the
work or employment for which the employee was employed, computed or
determined as follows and then rounded to the nearest dollar:
1. In the case of an employee who is paid on a weekly pay period
basis, the weekly gross earnings.
2. In the case of an employee who is paid on a biweekly pay
period basis, one-half of the biweekly gross earnings.
3. In the case of an employee who is paid on a semimonthly pay
period basis, the semimonthly gross earnings multiplied by
twenty-four and subsequently divided by fifty-two.
4. In the case of an employee who is paid on a monthly pay period
basis, the monthly gross earnings multiplied by twelve and
subsequently divided by fifty-two.
5. In the case of an employee who is paid on a yearly pay period
basis, the weekly earnings shall be the yearly earnings divided by
fifty-two.
6. In the case of an employee who is paid on a daily or hourly
basis, or by the output of the employee, the weekly earnings shall be
computed by dividing by thirteen the earnings, including shift
differential pay but not including overtime or premium pay, of the
employee earned in the employ of the employer in the last completed
period of thirteen consecutive calendar weeks immediately preceding
the injury. If the employee was absent from employment for reasons
personal to the employee during part of the thirteen calendar weeks
preceding the injury, the employee's weekly earnings shall be the
amount the employee would have earned had the employee worked when
work was available to other employees of the employer in a similar
occupation. A week which does not fairly reflect the employee's
customary earnings shall be replaced by the closest previous week
with earnings that fairly represent the employee's customary
earnings.
7. In the case of an employee who has been in the employ of the
employer less than thirteen calendar weeks immediately preceding the
injury, the employee's weekly earnings shall be computed under
subsection 6, taking the earnings, including shift differential pay
but not including overtime or premium pay, for such purpose to be the
amount the employee would have earned had the employee been so
employed by the employer the full thirteen calendar weeks immediately
preceding the injury and had worked, when work was available to other
employees in a similar occupation. If the earnings of other
employees cannot be determined, the employee's weekly earnings shall
be the average computed for the number of weeks the employee has been
in the employ of the employer.
8. If at the time of the injury the hourly earnings have not been
fixed or cannot be ascertained, the earnings for the purpose of
calculating compensation shall be taken to be the usual earnings for
similar services where such services are rendered by paid employees.
9. If an employee earns either no wages or less than the usual
weekly earnings of the regular full-time adult laborer in the line of
industry in which the employee is injured in that locality, the
weekly earnings shall be one-fiftieth of the total earnings which the
employee has earned from all employment during the twelve calendar
months immediately preceding the injury.
a. In computing the compensation to be allowed a volunteer
fire fighter, emergency medical care provider, reserve peace officer,
volunteer ambulance driver, volunteer emergency rescue technician as
defined in section 147A.1, or emergency medical technician trainee,
the earnings as a fire fighter, emergency medical care provider,
reserve peace officer, volunteer ambulance driver, volunteer
emergency rescue technician, or emergency medical technician trainee
shall be disregarded and the volunteer fire fighter, emergency
medical care provider, reserve peace officer, volunteer ambulance
driver, volunteer emergency rescue technician, or emergency medical
technician trainee shall be paid an amount equal to the compensation
the volunteer fire fighter, emergency medical care provider, reserve
peace officer, volunteer ambulance driver, volunteer emergency rescue
technician, or emergency medical technician trainee would be paid if
injured in the normal course of the volunteer fire fighter's,
emergency medical care provider's, reserve peace officer's, volunteer
ambulance driver's, volunteer emergency rescue technician's, or
emergency medical technician trainee's regular employment or an
amount equal to one hundred and forty percent of the statewide
average weekly wage, whichever is greater.
b. If the employee was an apprentice or trainee when injured,
and it is established under normal conditions the employee's earnings
should be expected to increase during the period of disability, that
fact may be considered in computing the employee's weekly earnings.
c. If the employee was an inmate as defined in section 85.59,
the inmate's actual earnings shall be disregarded, and the weekly
compensation rate shall be as set forth in section 85.59.
10. If a wage, or method of calculating a wage, is used for the
basis of the payment of a workers' compensation insurance premium for
a proprietor, partner, limited liability company member, limited
liability partner, or officer of a corporation, the wage or the
method of calculating the wage is determinative for purposes of
computing the proprietor's, partner's, limited liability company
member's, limited liability partner's, or officer's weekly workers'
compensation benefit rate.
11. In computing the compensation to be allowed an elected or
appointed official, the official may choose either of the following
payment options:
a. The official shall be paid an amount of compensation based
on the official's weekly earnings as an elected or appointed
official.
b. The earnings of the official as an elected or appointed
official shall be disregarded and the official shall be paid an
amount equal to one hundred forty percent of the statewide average
weekly wage.
12. In the case of an employee injured in the course of
performing as a professional athlete, the basis of compensation for
weekly earnings shall be one-fiftieth of total earnings which the
employee has earned from all employment for the previous twelve
months prior to the injury.
