85.38 REDUCTION OF OBLIGATIONS OF EMPLOYER.
1. Contributions or donations. The compensation herein
provided shall be the measure of liability which the employer has
assumed for injuries or death that may occur to employees in the
employer's employment subject to the provisions of this chapter, and
it shall not be in anywise reduced by contribution from employees or
donations from any source.
2. Benefits paid under group plans.a. In the event the employee with a disability shall receive
any benefits, including medical, surgical, or hospital benefits,
under any group plan covering nonoccupational disabilities
contributed to wholly or partially by the employer, which benefits
should not have been paid or payable if any rights of recovery
existed under this chapter, chapter 85A, or chapter 85B, then the
amounts so paid to the employee from the group plan shall be credited
to or against any compensation payments, including medical, surgical,
or hospital, made or to be made under this chapter, chapter 85A, or
chapter 85B. The amounts so credited shall be deducted from the
payments made under these chapters. Any nonoccupational plan shall
be reimbursed in the amount deducted. This section shall not apply
to payments made under any group plan which would have been payable
even though there was an injury under this chapter or an occupational
disease under chapter 85A or an occupational hearing loss under
chapter 85B. Any employer receiving such credit shall keep the
employee safe and harmless from any and all claims or liabilities
that may be made against them by reason of having received the
payments only to the extent of the credit.
b. If an employer denies liability under this chapter,
chapter 85A, or chapter 85B, for payment for any medical services
received or weekly compensation requested by an employee, and the
employee is a beneficiary under either an individual or group plan
for nonoccupational illness, injury, or disability, the
nonoccupational plan shall not deny payment for the medical services
received or for benefits under the plan on the basis that the
employer's liability under this chapter, chapter 85A, or chapter 85B
is unresolved.
3. Supplementation of workers' compensation benefits. A
public employer shall not supplement an employee's workers'
compensation benefits by reducing the employee's sick leave, vacation
leave, or earned compensatory time entitlements, unless the employer
first notifies the employee of the employee's option to supplement
and the employee elects to so supplement.
4. Lien for hospital and medical services under chapter 249A.
In the event any hospital or medical services as provided in section
85.27 are paid by the state department of human services on behalf of
an employee who is entitled to such benefits under the provisions of
this chapter or chapter 85A or 85B, a lien shall exist as respects
the right of such employee to benefits as described in section 85.27.
85.38 REDUCTION OF OBLIGATIONS OF EMPLOYER.
1. Contributions or donations. The compensation herein
provided shall be the measure of liability which the employer has
assumed for injuries or death that may occur to employees in the
employer's employment subject to the provisions of this chapter, and
it shall not be in anywise reduced by contribution from employees or
donations from any source.
2. Benefits paid under group plans.a. In the event the employee with a disability shall receive
any benefits, including medical, surgical, or hospital benefits,
under any group plan covering nonoccupational disabilities
contributed to wholly or partially by the employer, which benefits
should not have been paid or payable if any rights of recovery
existed under this chapter, chapter 85A, or chapter 85B, then the
amounts so paid to the employee from the group plan shall be credited
to or against any compensation payments, including medical, surgical,
or hospital, made or to be made under this chapter, chapter 85A, or
chapter 85B. The amounts so credited shall be deducted from the
payments made under these chapters. Any nonoccupational plan shall
be reimbursed in the amount deducted. This section shall not apply
to payments made under any group plan which would have been payable
even though there was an injury under this chapter or an occupational
disease under chapter 85A or an occupational hearing loss under
chapter 85B. Any employer receiving such credit shall keep the
employee safe and harmless from any and all claims or liabilities
that may be made against them by reason of having received the
payments only to the extent of the credit.
b. If an employer denies liability under this chapter,
chapter 85A, or chapter 85B, for payment for any medical services
received or weekly compensation requested by an employee, and the
employee is a beneficiary under either an individual or group plan
for nonoccupational illness, injury, or disability, the
nonoccupational plan shall not deny payment for the medical services
received or for benefits under the plan on the basis that the
employer's liability under this chapter, chapter 85A, or chapter 85B
is unresolved.
3. Supplementation of workers' compensation benefits. A
public employer shall not supplement an employee's workers'
compensation benefits by reducing the employee's sick leave, vacation
leave, or earned compensatory time entitlements, unless the employer
first notifies the employee of the employee's option to supplement
and the employee elects to so supplement.
4. Lien for hospital and medical services under chapter 249A.
In the event any hospital or medical services as provided in section
85.27 are paid by the state department of human services on behalf of
an employee who is entitled to such benefits under the provisions of
this chapter or chapter 85A or 85B, a lien shall exist as respects
the right of such employee to benefits as described in section 85.27.
85.38 REDUCTION OF OBLIGATIONS OF EMPLOYER.
1. Contributions or donations. The compensation herein
provided shall be the measure of liability which the employer has
assumed for injuries or death that may occur to employees in the
employer's employment subject to the provisions of this chapter, and
it shall not be in anywise reduced by contribution from employees or
donations from any source.
2. Benefits paid under group plans.a. In the event the employee with a disability shall receive
any benefits, including medical, surgical, or hospital benefits,
under any group plan covering nonoccupational disabilities
contributed to wholly or partially by the employer, which benefits
should not have been paid or payable if any rights of recovery
existed under this chapter, chapter 85A, or chapter 85B, then the
amounts so paid to the employee from the group plan shall be credited
to or against any compensation payments, including medical, surgical,
or hospital, made or to be made under this chapter, chapter 85A, or
chapter 85B. The amounts so credited shall be deducted from the
payments made under these chapters. Any nonoccupational plan shall
be reimbursed in the amount deducted. This section shall not apply
to payments made under any group plan which would have been payable
even though there was an injury under this chapter or an occupational
disease under chapter 85A or an occupational hearing loss under
chapter 85B. Any employer receiving such credit shall keep the
employee safe and harmless from any and all claims or liabilities
that may be made against them by reason of having received the
payments only to the extent of the credit.
b. If an employer denies liability under this chapter,
chapter 85A, or chapter 85B, for payment for any medical services
received or weekly compensation requested by an employee, and the
employee is a beneficiary under either an individual or group plan
for nonoccupational illness, injury, or disability, the
nonoccupational plan shall not deny payment for the medical services
received or for benefits under the plan on the basis that the
employer's liability under this chapter, chapter 85A, or chapter 85B
is unresolved.
3. Supplementation of workers' compensation benefits. A
public employer shall not supplement an employee's workers'
compensation benefits by reducing the employee's sick leave, vacation
leave, or earned compensatory time entitlements, unless the employer
first notifies the employee of the employee's option to supplement
and the employee elects to so supplement.
4. Lien for hospital and medical services under chapter 249A.
In the event any hospital or medical services as provided in section
85.27 are paid by the state department of human services on behalf of
an employee who is entitled to such benefits under the provisions of
this chapter or chapter 85A or 85B, a lien shall exist as respects
the right of such employee to benefits as described in section 85.27.
