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HomeMy WebLinkAboutA001 - Legal Opinion, worker's compensation for tree surgeons - City Attorney's Office 515 Clark Avenue,P.O.Box 811 Caring People Ames,IA 50010 QnaIUV Programs Phone: 515-239-5146 •Fax: 515-239-5142 Exceptional Service August 11, 2000 ECTRYY 1 2U The Honorable Ted Tedesco, Mayor And Members of the City Council AMPS CLERK Of The City of Ames Re: Tree Surgeon's License - Worker's Compensation Insurance Dear Mayor Tedesco and Council Members: At its meeting of August 8, 2000, the Council referred to staff, a letter from Jim Rock, owner of Ames Story Tree Service, proposing that the City amend its tree surgeon regulations to add a requirement for"workers compensation"insurance. Any and all businesses that have one or more employees are required by law to provide security for their ability to pay workers compensation benefits,in one of three ways: (a)buy insurance(Sec. 87.1 Code of Iowa), (b) meet the self-insurance standards of the Iowa Insurance Commissioner (Sec. 87.11 Code of Iowa),or(c)a bond approved by the workers compensation commissioner(Sec. 87.16 Code of Iowa). In view of the options an employer has under Iowa law it is not advisable for the City to mandate insurance. The City could amend the tree surgeon regulations to require the tree surgeon business to show proof that it is meeting the requirements of Chapter 87,Code of Iowa,one way or another,but the City has not adopted that requirements for other businesses that need to obtain a license from or through the City. Yours truly, John R. Klaus City Attorney c Jon-Scott Johnson JRK:dls