1. 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 of compensation by the employer, the employee shall be paid out of the second injury fund created by this subchapter the remainder of such compensation as would be payable for the degree of permanent disability involved after first deducting from the remainder the compensable value of the previously lost member or organ.
2. 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 the employee has not directly contributed, shall be regarded as a credit to any award made against the second injury fund. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.64] 2014 Acts, ch 1026, §18; 2023 Acts, ch 66, §16 Referred to in §10A.314 \n
Notes of Decisions
Gregory v. Second Injury Fund of Iowa, 777 N.W.2d 395 (Iowa 2010).
· cites it 96× “" Iowa Code § 85.64 . Thus, Gregory's entitlement to benefits from the Fund is dependent upon proof of the following propositions: (1) she sustained a permanent disability to a hand, arm, foot, leg, or eye (a first qualifying injury); (2) she subsequently sustained a permanent…”
Second Injury Fund of Iowa v. Kratzer, 778 N.W.2d 42 (Iowa 2010).
· cites it 44× “" Iowa Code § 85.64 (2001). A deputy commissioner determined Kratzer sustained a first qualifying injury (twenty-five percent functional loss) to her right leg in 1994 and a second qualifying injury (two percent functional loss) to her left leg in 2002.”
Second Injury Fund of Iowa v. George, 737 N.W.2d 141 (Iowa 2007).
· cites it 40× “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…”
Second Injury Fund of Iowa v. Shank, 516 N.W.2d 808 (Iowa 1994).
· cites it 28× “The deputy then went on to hold on his own that Shank’s congenital cataract condition constituted a prior loss under Iowa Code section 85.64 (1979). The deputy also found that (1) Shank’s November 1982 injury resulted in a ten percent permanent partial impairment of his right…”
Second Injury Fund of Iowa v. Nelson, 544 N.W.2d 258 (Iowa 1996).
· cites it 20× “*264 See Iowa Code § 85.64 (1989). Nelson was awarded healing period benefits and permanent partial disability benefits in the amount of eighteen percent against Basic Materials.”
Second Injury Fund of Iowa v. Braden, 459 N.W.2d 467 (Iowa 1990).
· cites it 14× “” Iowa Code § 85.64 . The Fund then is liable for “the remainder of such compensation as would be payable for the degree of permanent disability” after deducting the employer’s liability for the scheduled value of the injury.”
Second Injury Fund v. Neelans, 436 N.W.2d 355 (Iowa 1989).
· cites it 13× “Is the present employer’s liability for benefits limited to the scheduled benefits for the latest injury, or must the employer pay a pro rata share of the benefits payable for the worker’s disability to the body as a whole? In this case, the industrial commissioner interpreted…”
Second Injury Fund v. Hodgins, 461 N.W.2d 454 (Iowa 1990).
· cites it 8× “The Fund claims that inherent in Iowa Code section 85.64 is the implicit requirement that there be an “intervening hiring” between the first and second injuries.”
Second Injury Fund v. MICH COAL Co., 274 N.W.2d 300 (Iowa 1979).
· cites it 5× “Under § 85.64, The Code, his employer is only liable for the disability resulting from the second injury.”
Second Injury Fund of Iowa v. Bergeson, 526 N.W.2d 543 (Iowa 1995).
· cites it 4× “In addition to such compensation, and after the expiration of the full period provided by law for 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…”
Warren Props. & Ace Am. Ins. Co. v. Janice Stewart, 864 N.W.2d 307 (Iowa 2015).
· cites it 2× “A disability to the left arm that is followed by a disability to the right arm is governed by section 85.64 and is not a successive disability under this division.”
— Iowa Code § 85.64(1) — 8 cases
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