85.64 LIMITATION OF BENEFITS.
If an employee who has previously lost, or lost the use of, one
hand, one arm, one foot, one leg, or one eye, becomes permanently
disabled by a compensable injury which has resulted in the loss of or
loss of use of another such member or organ, the employer shall be
liable only for the degree of disability which would have resulted
from the latter injury if there had been no preexisting disability.
In addition to such compensation, and after the expiration of the
full period provided by law for the payments thereof by the employer,
the employee shall be paid out of the "Second Injury Fund"
created by this division the remainder of such compensation as would
be payable for the degree of permanent disability involved after
first deducting from such remainder the compensable value of the
previously lost member or organ.
Any benefits received by any such employee, or to which the
employee may be entitled, by reason of such increased disability from
any state or federal fund or agency, to which said employee has not
directly contributed, shall be regarded as a credit to any award made
against said second injury fund as aforesaid.
Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 85.64]
Referred to in § 86.12
85.64 LIMITATION OF BENEFITS.
If an employee who has previously lost, or lost the use of, one
hand, one arm, one foot, one leg, or one eye, becomes permanently
disabled by a compensable injury which has resulted in the loss of or
loss of use of another such member or organ, the employer shall be
liable only for the degree of disability which would have resulted
from the latter injury if there had been no preexisting disability.
In addition to such compensation, and after the expiration of the
full period provided by law for the payments thereof by the employer,
the employee shall be paid out of the "Second Injury Fund"
created by this division the remainder of such compensation as would
be payable for the degree of permanent disability involved after
first deducting from such remainder the compensable value of the
previously lost member or organ.
Any benefits received by any such employee, or to which the
employee may be entitled, by reason of such increased disability from
any state or federal fund or agency, to which said employee has not
directly contributed, shall be regarded as a credit to any award made
against said second injury fund as aforesaid.
Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 85.64]
Referred to in § 86.12
85.64 LIMITATION OF BENEFITS.
If an employee who has previously lost, or lost the use of, one
hand, one arm, one foot, one leg, or one eye, becomes permanently
disabled by a compensable injury which has resulted in the loss of or
loss of use of another such member or organ, the employer shall be
liable only for the degree of disability which would have resulted
from the latter injury if there had been no preexisting disability.
In addition to such compensation, and after the expiration of the
full period provided by law for the payments thereof by the employer,
the employee shall be paid out of the "Second Injury Fund"
created by this division the remainder of such compensation as would
be payable for the degree of permanent disability involved after
first deducting from such remainder the compensable value of the
previously lost member or organ.
Any benefits received by any such employee, or to which the
employee may be entitled, by reason of such increased disability from
any state or federal fund or agency, to which said employee has not
directly contributed, shall be regarded as a credit to any award made
against said second injury fund as aforesaid.
Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 85.64]
Referred to in § 86.12
