Mission Statement
It is in the best interest of Iowa businesses to have safe workplaces and make safe products. ABI members are nationally recognized for their workplace safety programs and products because of employers’ innovation and investments. ABI advocates for responsible and cost-effective results in the areas of occupational safety, workers’ compensation and product safety.
Workers’ Compensation Direction of Medical Care
ABI supports Iowa’s current system of employers’ direction of medical care for work-related injuries.
Apportionment (Pre-existing Condition)
ABI believes that an employer should be liable only for the disability added by the current work injury. If an employee has a condition of impairment or disability that exists prior to a current work injury, that level of preexisting impairment or disability should be subtracted from the current level of disability for which a claim is made.
Scheduled Injuries
ABI supports preserving the current Workers’ Compensation system of scheduled injuries.
Workers’ Compensation Appeals
ABI supports a three person Appeal Board independent of the agency consisting of a public member, an Employer Representative and a Labor Representative.
Fairness of Process
ABI supports full disclosure by all agency personnel to all parties involved in contested case procedures of any involvement relating to proposed workers’ compensation legislation.
Stay of Judgment
ABI supports legislation providing that payment of a workers’ compensation award cannot be required until completion of judicial review.
Standard of Proof/Causation
ABI supports legislation to require an employee to prove that work was the predominant factor in causing an injury or condition.
Standard of Proof/PTD
In order to recover permanent total disability benefits (PTD), the employee must show that as a result of the injury, gainful employment cannot be performed.
Benefit Levels
ABI supports legislation to reduce Iowa’s workers’ compensation maximums and duration to a level more competitive with other states, not to exceed the average of Iowa’s seven contiguous states.
Industrial Disability/Wage Loss
Industrial disability benefits should not be payable unless there is actual wage loss.
Piecework Exception
ABI supports retention of the piecework exception for computation of temporary partial disability benefits.
Tinnitus
ABI supports legislation to require any claim for tinnitus (ringing in the ear) be part of a claim for hearing loss or occupational hearing loss and not industrial disability.
Interest Rates
The rate of interest applied on past-due benefits should be reduced from a fixed statutory rate of 10% to a rate commensurate with market rates.
Drug Testing
ABI believes that drug free workplaces are essential to the health and safety of all Iowans. Therefore, ABI supports continuous clarification and refinement of Iowa laws and regulations to allow employers to implement drug-testing policies that include the use of any scientifically sound methods of testing. ABI further encourages incentives to employers who implement drug testing programs.
IOSH Consultation Services
ABI supports IOSH placing a high priority on cooperative initiatives, training, and education prior to implementation of new regulations. Cooperative voluntary programs, and the elements they make up, such as the Voluntary Protection Program (VPP), Safety and Health Achievement Recognition Program (SHARP), as well as full utilization of consultation, are an effective and important part of assuring worker safety and health.
Safety Audits
ABI believes that business and industry should be allowed to perform safety self-audits without fear that the audit results might be used in legal actions. ABI supports the adoption of state and federal legislation that would similarly provide immunity from penalty and protect a company’s self-evaluation as privileged information. ABI supports a voluntary means of certifying or registering those who conduct audits.
Iowa Occupational Safety and Health Act (IOSHA)
ABI supports IOSH as the lead regulatory agency dealing with occupational safety and health issues and enforcement of IOSH standards where worker safety is the predominant concern free of inconsistent interpretations and agency policies that are negative to Iowa’s business climate.
Punitive Damage Reform
Punitive damages are designed to punish defendants and general damages compensate plaintiffs for injuries suffered.
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ABI believes that in order to be awarded punitive damages a plaintiff must establish that the defendant’s actions showed actual malice, not negligence or gross negligence.
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ABI believes that a defendant should be found liable for punitive damages for a particular act or omission only one time.
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ABI believes that if requested by any defendant, actions involving punitive damages should be bifurcated for separate trial.
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ABI believes that contingency fees for attorneys should not be awarded on the punitive damage portion of an award.
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ABI believes that a reasonable-dollar limitation should be established applicable to punitive damages in all civil cases.
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Non-Economic Damages
ABI supports the establishment of a reasonable-dollar limitation applicable to non-economic damages in all civil cases, including but not limited to those associated with medical liability. Non-economic damages include, but are not limited to, pain and suffering, loss of consortium, and loss of chance.
Products Liability
ABI believes a negligence standard should be applied to a cause of action against a manufacturer for alleged design defects or failure to warn.
ABI believes manufacturers, distributors and sellers should not be liable for the misuse or alteration of, or failure to properly maintain a product.
ABI supports a presumption that manufacturers and sellers should not be liable for use of a product that has been deemed safe and effective by a government entity whose approval is required for the product to be placed on the market.
ABI believes that evidence of design changes subsequent to the date of manufacture of the product should not be admissible.
Joint and Several Liability
ABI believes that defendants should be liable only for their share of damages, and that joint and several liability should be eliminated for economic damages, just as it is for non-economic damages.
Iowa Competition Law (Iowa Code Chapter 553)
ABI supports legislation to restore the result of Illinois Brick Company v. Illinois, 431 U.S. 720 (1977), which limits damage awards to only those plaintiffs directly damaged in antitrust litigation.
Consumer Fraud
ABI supports the Attorney General’s office enforcement of the Iowa Consumer Fraud Act and such should not be delegated to the public at large by allowing individuals to bring private rights of action.
Cause of Action for Business Disparagement
ABI supports legislation that provides for a cause of action for business disparagement.
Frivolous Litigation
ABI supports stronger enforcement of the Iowa Rules of Civil Procedure to require plaintiffs, and their attorneys, who pursue frivolous litigation to reimburse defendants for defense costs associated with such litigation.
Subrogation
Subrogation suits should be required to be brought in the name of the current owner of the claim, rather than in the name of the insured.
