85.59 BENEFITS FOR INMATES AND OFFENDERS.
1. For the purposes of this section:
a. "Inmate" includes:
(1) A person confined in a reformatory, state penitentiary,
release center, or other state penal or correctional institution
while that person works in connection with the maintenance of the
institution, in an industry maintained in the institution, or in an
industry referred to in section 904.809, or while on detail to
perform services on a public works project.
(2) A person who is performing unpaid community service under the
direction of the district court, board of parole, or judicial
district department of correctional services, or an inmate providing
services pursuant to a chapter 28E agreement entered into pursuant to
section 904.703, or who is performing a work assignment of value to
the state or to the public under chapter 232.
b. "Unpaid community service under the direction of the
district court" includes but is not limited to community service
ordered and performed pursuant to section 598.23A.
2. For purposes of this section, an inmate on a work assignment
under section 904.703 working in construction or maintenance at a
public or charitable facility, or under assignment to another agency
of state, county, or local government, shall be considered an
employee of the state.
3. a. If an inmate is permanently incapacitated by injury in
the performance of the inmate's work in connection with the
maintenance of the institution, in an industry maintained in the
institution, or in an industry referred to in section 904.809, while
on detail to perform services on a public works project, or while
performing services authorized pursuant to section 904.809, or is
permanently or temporarily incapacitated in connection with the
performance of unpaid community service under the direction of the
district court, board of parole, or judicial district department of
correctional services, or in connection with the provision of
services pursuant to a chapter 28E agreement entered into pursuant to
section 904.703, or who is performing a work assignment of value to
the state or to the public under chapter 232, that inmate shall be
awarded only the benefits provided in section 85.27 and section
85.34, subsections 2 and 3. The weekly rate for such permanent
disability is equal to the minimum rate as provided in this chapter.
b. Weekly compensation benefits under this section may be
determined prior to the inmate's release from the institution, but
payment of benefits to an inmate shall commence as of the time of the
inmate's release from the institution either upon parole or final
discharge. However, if the inmate is awarded benefits for an injury
incurred in connection with the performance of unpaid community
service under the direction of the district court, board of parole,
or judicial district department of correctional services, or in
connection with the provision of services pursuant to a chapter 28E
agreement entered into pursuant to section 904.703, or who is
performing a work assignment of value to the state or to the public
under chapter 232, weekly compensation benefits under this section
shall be determined and paid as in other workers' compensation cases.
c. If an inmate is receiving benefits under the provisions of
this section and is recommitted to an institution covered by this
section, the benefits shall immediately cease. If benefits cease
because of the inmate's recommitment, the benefits shall resume upon
subsequent release from the institution.
d. If death results from the injury, death benefits shall be
awarded and paid to the dependents of the inmate as in other workers'
compensation cases except that the weekly rate shall be equal to
sixty-six and two-thirds percent of the state average weekly wage
paid employees as determined by the department of workforce
development under section 96.19, subsection 36, and in effect at the
time of the injury.
4. Payment under this section shall be made promptly out of
appropriations which have been made for that purpose, if any. An
amount or part thereof which cannot be paid promptly from the
appropriation shall be paid promptly out of money in the state
treasury not otherwise appropriated.
5. The time limit for commencing an original proceeding to
determine entitlement to benefits under this section is the same as
set forth in section 85.26. If an injury occurs to an inmate so as
to qualify the inmate for benefits under this section,
notwithstanding the fact that payments of weekly benefits are not
commenced, an acknowledgment of compensability shall be filed with
the workers' compensation commissioner within thirty days of the time
the responsible authority receives notice or knowledge of the injury
as required by section 85.23.
6. If a dispute arises as to the extent of disability when an
acknowledgment of compensability is on file or when an award
determining liability has been made, an action to determine the
extent of disability must be commenced within one year of the time of
the release of the inmate from the institution. This does not bar
the right to reopen the claim as provided by section 85.26,
subsection 2.
7. Responsibility for the filings required by chapter 86 for
injuries resulting in permanent disability or death and as modified
by this section shall be made in the same manner as for other
employees of the institution.
85.59 BENEFITS FOR INMATES AND OFFENDERS.
1. For the purposes of this section:
a. "Inmate" includes:
(1) A person confined in a reformatory, state penitentiary,
release center, or other state penal or correctional institution
while that person works in connection with the maintenance of the
institution, in an industry maintained in the institution, or in an
industry referred to in section 904.809, or while on detail to
perform services on a public works project.
(2) A person who is performing unpaid community service under the
direction of the district court, board of parole, or judicial
district department of correctional services, or an inmate providing
services pursuant to a chapter 28E agreement entered into pursuant to
section 904.703, or who is performing a work assignment of value to
the state or to the public under chapter 232.
b. "Unpaid community service under the direction of the
district court" includes but is not limited to community service
ordered and performed pursuant to section 598.23A.
2. For purposes of this section, an inmate on a work assignment
under section 904.703 working in construction or maintenance at a
public or charitable facility, or under assignment to another agency
of state, county, or local government, shall be considered an
employee of the state.
3. a. If an inmate is permanently incapacitated by injury in
the performance of the inmate's work in connection with the
maintenance of the institution, in an industry maintained in the
institution, or in an industry referred to in section 904.809, while
on detail to perform services on a public works project, or while
performing services authorized pursuant to section 904.809, or is
permanently or temporarily incapacitated in connection with the
performance of unpaid community service under the direction of the
district court, board of parole, or judicial district department of
correctional services, or in connection with the provision of
services pursuant to a chapter 28E agreement entered into pursuant to
section 904.703, or who is performing a work assignment of value to
the state or to the public under chapter 232, that inmate shall be
awarded only the benefits provided in section 85.27 and section
85.34, subsections 2 and 3. The weekly rate for such permanent
disability is equal to the minimum rate as provided in this chapter.
b. Weekly compensation benefits under this section may be
determined prior to the inmate's release from the institution, but
payment of benefits to an inmate shall commence as of the time of the
inmate's release from the institution either upon parole or final
discharge. However, if the inmate is awarded benefits for an injury
incurred in connection with the performance of unpaid community
service under the direction of the district court, board of parole,
or judicial district department of correctional services, or in
connection with the provision of services pursuant to a chapter 28E
agreement entered into pursuant to section 904.703, or who is
performing a work assignment of value to the state or to the public
under chapter 232, weekly compensation benefits under this section
shall be determined and paid as in other workers' compensation cases.
c. If an inmate is receiving benefits under the provisions of
this section and is recommitted to an institution covered by this
section, the benefits shall immediately cease. If benefits cease
because of the inmate's recommitment, the benefits shall resume upon
subsequent release from the institution.
d. If death results from the injury, death benefits shall be
awarded and paid to the dependents of the inmate as in other workers'
compensation cases except that the weekly rate shall be equal to
sixty-six and two-thirds percent of the state average weekly wage
paid employees as determined by the department of workforce
development under section 96.19, subsection 36, and in effect at the
time of the injury.
4. Payment under this section shall be made promptly out of
appropriations which have been made for that purpose, if any. An
amount or part thereof which cannot be paid promptly from the
appropriation shall be paid promptly out of money in the state
treasury not otherwise appropriated.
5. The time limit for commencing an original proceeding to
determine entitlement to benefits under this section is the same as
set forth in section 85.26. If an injury occurs to an inmate so as
to qualify the inmate for benefits under this section,
notwithstanding the fact that payments of weekly benefits are not
commenced, an acknowledgment of compensability shall be filed with
the workers' compensation commissioner within thirty days of the time
the responsible authority receives notice or knowledge of the injury
as required by section 85.23.
6. If a dispute arises as to the extent of disability when an
acknowledgment of compensability is on file or when an award
determining liability has been made, an action to determine the
extent of disability must be commenced within one year of the time of
the release of the inmate from the institution. This does not bar
the right to reopen the claim as provided by section 85.26,
subsection 2.
7. Responsibility for the filings required by chapter 86 for
injuries resulting in permanent disability or death and as modified
by this section shall be made in the same manner as for other
employees of the institution.
85.59 BENEFITS FOR INMATES AND OFFENDERS.
1. For the purposes of this section:
a. "Inmate" includes:
(1) A person confined in a reformatory, state penitentiary,
release center, or other state penal or correctional institution
while that person works in connection with the maintenance of the
institution, in an industry maintained in the institution, or in an
industry referred to in section 904.809, or while on detail to
perform services on a public works project.
(2) A person who is performing unpaid community service under the
direction of the district court, board of parole, or judicial
district department of correctional services, or an inmate providing
services pursuant to a chapter 28E agreement entered into pursuant to
section 904.703, or who is performing a work assignment of value to
the state or to the public under chapter 232.
b. "Unpaid community service under the direction of the
district court" includes but is not limited to community service
ordered and performed pursuant to section 598.23A.
2. For purposes of this section, an inmate on a work assignment
under section 904.703 working in construction or maintenance at a
public or charitable facility, or under assignment to another agency
of state, county, or local government, shall be considered an
employee of the state.
3. a. If an inmate is permanently incapacitated by injury in
the performance of the inmate's work in connection with the
maintenance of the institution, in an industry maintained in the
institution, or in an industry referred to in section 904.809, while
on detail to perform services on a public works project, or while
performing services authorized pursuant to section 904.809, or is
permanently or temporarily incapacitated in connection with the
performance of unpaid community service under the direction of the
district court, board of parole, or judicial district department of
correctional services, or in connection with the provision of
services pursuant to a chapter 28E agreement entered into pursuant to
section 904.703, or who is performing a work assignment of value to
the state or to the public under chapter 232, that inmate shall be
awarded only the benefits provided in section 85.27 and section
85.34, subsections 2 and 3. The weekly rate for such permanent
disability is equal to the minimum rate as provided in this chapter.
b. Weekly compensation benefits under this section may be
determined prior to the inmate's release from the institution, but
payment of benefits to an inmate shall commence as of the time of the
inmate's release from the institution either upon parole or final
discharge. However, if the inmate is awarded benefits for an injury
incurred in connection with the performance of unpaid community
service under the direction of the district court, board of parole,
or judicial district department of correctional services, or in
connection with the provision of services pursuant to a chapter 28E
agreement entered into pursuant to section 904.703, or who is
performing a work assignment of value to the state or to the public
under chapter 232, weekly compensation benefits under this section
shall be determined and paid as in other workers' compensation cases.
c. If an inmate is receiving benefits under the provisions of
this section and is recommitted to an institution covered by this
section, the benefits shall immediately cease. If benefits cease
because of the inmate's recommitment, the benefits shall resume upon
subsequent release from the institution.
d. If death results from the injury, death benefits shall be
awarded and paid to the dependents of the inmate as in other workers'
compensation cases except that the weekly rate shall be equal to
sixty-six and two-thirds percent of the state average weekly wage
paid employees as determined by the department of workforce
development under section 96.19, subsection 36, and in effect at the
time of the injury.
4. Payment under this section shall be made promptly out of
appropriations which have been made for that purpose, if any. An
amount or part thereof which cannot be paid promptly from the
appropriation shall be paid promptly out of money in the state
treasury not otherwise appropriated.
5. The time limit for commencing an original proceeding to
determine entitlement to benefits under this section is the same as
set forth in section 85.26. If an injury occurs to an inmate so as
to qualify the inmate for benefits under this section,
notwithstanding the fact that payments of weekly benefits are not
commenced, an acknowledgment of compensability shall be filed with
the workers' compensation commissioner within thirty days of the time
the responsible authority receives notice or knowledge of the injury
as required by section 85.23.
6. If a dispute arises as to the extent of disability when an
acknowledgment of compensability is on file or when an award
determining liability has been made, an action to determine the
extent of disability must be commenced within one year of the time of
the release of the inmate from the institution. This does not bar
the right to reopen the claim as provided by section 85.26,
subsection 2.
7. Responsibility for the filings required by chapter 86 for
injuries resulting in permanent disability or death and as modified
by this section shall be made in the same manner as for other
employees of the institution.
