Iowa Administrative Code

reasonable time a written report summarizing its findings, its supporting reasons, and any proposed course of action. The report must include a concise statement of the agency’s findings regarding the rule’s effectiveness in achieving its objectives, including a summary of any av…

where interested persons may submit written criticism regarding an administrative rule of the Workers’ Compensation Division[876]. Written criticism should be mailed or delivered to the Division of Workers’ Compensation, 150 Des Moines Street, Des Moines, Iowa 50309. A criticism …

Compensation Division[876] of the Iowa Administrative Code shall be made to the Workers’ Compensation Commissioner, 150 Des Moines Street, Des Moines, Iowa 50309. All requests for waiver of a rule must be in writing and are a public record open for inspection. The person requesti…

workers’ compensation commissioner may modify the time to comply with any rule for good cause. This rule is intended to implement Iowa Code chapter 86. [ARC 6841C, IAB 2/8/23, effective 3/15/23]

85, 85A, 85B, 86 and 87. This rule is intended to implement Iowa Code chapters 85, 85A, 85B, 86 and 87. [ARC 6841C, IAB 2/8/23, effective 3/15/23]

workers’ compensation and all employers relieved from insurance pursuant to Iowa Code section 87.11 shall designate one or more persons geographically located within the borders of this state, which person or persons shall be knowledgeable of the Iowa workers’ compensation law an…

Permanent Impairment, Fifth Edition, published by the American Medical Association are adopted for determining the extent of loss or percentage of impairment for permanent partial disabilities and payment of weekly compensation for permanent partial scheduled injuries under Iowa …

filings. Electronic data interchange (EDI) information, forms, pleadings, responses, motions, briefs, and any other submissions shall be filed through the workers’ compensation electronic system (WCES). The website address for WCES is www.iowaworkcomp.gov/efile. Any electronic fi…

subsequent report of injury (SROI) with the workers’ compensation commissioner (see 876—subrule 3.1(2)) shall also mail a copy of the information contained on the final subsequent report of injury to the employee at the employee’s last-known address. This rule is intended to impl…

compensation is the official record of a contested case. This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86. [ARC 4568C, IAB 7/31/19, effective 7/10/19; ARC 6841C, IAB 2/8/23, effective 3/15/23]

submitted to the division of workers’ compensation shall be scanned, attached, and filed in portable document format (pdf) or as image-on-text documents (searchable pdf). A hearing report or proposed order or proposed ruling shall be submitted as a pdf or searchable pdf. Transcri…

[Emergency filed and effective 9/19/75—published 10/6/75] [Filed 11/17/75, Notice 10/6/75—published 12/1/75, effective 1/5/76] [Filed 8/16/76, Notice 7/12/76—published 8/23/76, effective 9/27/76] [Filed 8/3/77, Notice 6/29/77—published 8/24/77, effective 9/28/77] [Filed emergency…

use in matters under the jurisdiction of the workers’ compensation commissioner. Insurance carriers, self- insured employers, or their adjusting agents may reproduce the forms in which event the name, address, telephone number, and identification number may be imprinted. The curr…

compensation commissioner are: 4.1(1) Arbitration (Iowa Code section 86.14). 4.1(2) Review of award or settlement (review-reopening, Iowa Code section 86.14). 4.1(3) Benefits under Iowa Code section 85.27. 4.1(4) Death and burial benefits (Iowa Code sections 85.28, 85.29, 85.31).…

clause in substance providing that jurisdiction of the employer is jurisdiction of the insurance carrier, the insurance carrier shall be deemed a party in any action against the insured. This rule is intended to implement Iowa Code section 87.10.

the Iowa Rules of Civil Procedure as applicable, or a statutory provision shall be signed by the party if unrepresented or the party’s attorney if represented. The party’s signature in addition to the attorney’s signature shall be necessary only when otherwise required by these r…

and 876—4.7(86,17A) which is to be filed and seeks relief from or action against another party, or which has any significant effect on any contested case, shall be served on each party of record under rule 876—4.13(86). This rule is intended to implement Iowa Code sections 17A.12…

876—4.7(86,17A), service of all documents and papers to be served according to this chapter or otherwise upon a party represented by an attorney shall be made upon the attorney unless service upon the party is ordered by the workers’ compensation commissioner or deputy workers’ c…

party under rule 876—4.12(86) shall be filed with the workers’ compensation commissioner either before service or within a reasonable time thereafter. No deposition, notice of deposition, notice of requests for discovery, notice of responses to requests for discovery, and notice …

under rule 876—4.12(86) shall be filed with the division of workers’ compensation promptly and, in any event, before action is to be taken thereon by the workers’ compensation commissioner or a deputy workers’ compensation commissioner or any party unless a responsive pleading ha…

records received pursuant to a patient’s waiver (Form 14-0043—authorization for release of information regarding claimants seeking workers’ compensation benefits) and medical records and reports concerning the injured worker in the possession of the party upon each opposing party…

papers referred to in this rule shall be served by the workers’ compensation commissioner. This rule is intended to implement Iowa Code sections 17A.12 and 86.18. [ARC 4568C, IAB 7/31/19, effective 7/10/19; ARC 6841C, IAB 2/8/23, effective 3/15/23]

4.19(1) Prehearing procedure in contested cases shall be administered in accordance with these rules and the orders issued by the workers’ compensation commissioner or a deputy workers’ compensation commissioner. 4.19(2) The parties have a duty to exercise reasonable diligence to…

contested case proceeding in a workers’ compensation matter may conduct a separate evidentiary hearing for determination of any issue in the contested case proceeding which goes to the whole or any material part of the case. An order determining the issue presented shall be issue…

compensation commissioner may order parties in the case to either appear before the workers’ compensation commissioner or a deputy workers’ compensation commissioner for a conference, or communicate with the commissioner or a deputy commissioner and with each other in any manner …

discretion of a deputy workers’ compensation commissioner or the workers’ compensation commissioner, the entire prehearing conference or any designated part thereof shall be recorded and the cost of the reporter shall be assessed to the requesting party or, if directed by the wor…

commissioner may enter an order reciting any action taken at a prehearing conference or pursuant to any other procedures prescribed which will control the subsequent course of action relative to matters which it includes, unless modified to prevent manifest injustice. This rule i…

the workers’ compensation commissioner as soon as practicable after the parties have had adequate opportunity to prepare for hearing. A party may request in writing that no hearing in a contested case be held until such time as specified matters have been accomplished or specifie…

any contested case by a deputy workers’ compensation commissioner or a decision in any contested case by the workers’ compensation commissioner within 20 days after the issuance of the decision in WCES. If a party has been granted a waiver of the mandatory use of WCES, the party …

compensation commissioner must be filed within 20 days after the application for rehearing of a proposed decision by a deputy workers’ compensation commissioner under rule 876—4.24(17A,86) has been denied or deemed denied or a decision on rehearing has been issued. If a notice of…

to the workers’ compensation commissioner from a decision, order or ruling of a deputy workers’ compensation commissioner in contested case proceedings shall be commenced within 20 days of the filing of the decision, order or ruling by filing a notice of appeal in WCES. If a part…

decide an appeal upon the record submitted to the deputy workers’ compensation commissioner unless the workers’ compensation commissioner is satisfied that additional newly discovered material evidence exists, which could not have been discovered and produced at the hearing with …

compensation commissioner may review the decision, order or ruling of a deputy workers’ compensation commissioner in any contested case upon the workers’ compensation commissioner’s own motion. Except as provided in rule 876—4.25(17A,86), the motion to review a decision, order or…

reason to believe that there has not been compliance with the workers’ compensation law by any person or entity, the workers’ compensation commissioner may on the workers’ compensation commissioner’s own motion give notice to the person or entity and schedule a hearing for the pu…

workers’ compensation commissioner is taken pursuant to rule 876—4.27(17A,86) or 876—4.29(86,17A), a transcript of the proceedings before the workers’ compensation commissioner shall be filed with the workers’ compensation commissioner within 30 days after the notice of the appea…

This rule is intended to implement Iowa Code section 86.18.

for the attendance of a certified shorthand reporter or mechanical means to record proceedings in contested cases. The workers’ compensation commissioner may require the defendant employer or on appeal to the workers’ compensation commissioner, the appellant, to arrange for the a…

compensation commissioner shall be (1) attendance of a certified shorthand reporter or presence of mechanical means at hearings and evidential depositions, (2) transcription costs when appropriate, (3) costs of service of the original notice and subpoenas, (4) witness fees and ex…

reasonable diligence, all contested cases before the workers’ compensation commissioner, except under unusual circumstances, shall be brought to issue and heard at the earliest possible time. To accomplish such purpose the workers’ compensation commissioner may take the following…

proceedings before the workers’ compensation commissioner unless the provisions are in conflict with these rules and Iowa Code chapters 85, 85A, 85B, 86, 87 and 17A. In those circumstances, these rules or the appropriate Iowa Code section shall govern. Where appropriate, referenc…

representing such party shall fail to comply with these rules or any order of a deputy workers’ compensation commissioner or the workers’ compensation commissioner, the deputy workers’ compensation commissioner or workers’ compensation commissioner may impose sanctions which may …

case provisions of Iowa Code chapter 17A shall file a written stipulation of such waiver with the workers’ compensation commissioner before such waiver shall be recognized. The waiver shall specify the provisions waived such as a consent to delivery, waiver of original notice, or…

4.38(1) The workers’ compensation commissioner or a deputy workers’ compensation commissioner shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: a. Has a personal bias or prejudice concerning a party or a represen…

mandatory use of WCES, all documents filed with the division of workers’ compensation pursuant to this chapter and Iowa Code section 86.24 except an original notice and petition requesting a contested case proceeding (see Iowa Code section 17A.12(9)) may be filed by facsimile tra…

4.1(12), unless otherwise ordered or requested in writing by the petitioner in the original notice or petition or by the respondent within ten days following the time allowed by these rules for appearance. This rule is intended to implement Iowa Code chapter 86. [ARC 3528C, IAB 1…

compensation commissioner’s designee (hereinafter collectively referred to as the workers’ compensation commissioner) shall have all power reasonable and necessary to resolve contested cases filed under Chapter 4 of these rules. This power includes, but is not limited to, the fol…

compensation commissioner or by permission of the workers’ compensation commissioner when an appeal pursuant to rule 876—4.27(17A,86) has been filed, principal briefs shall not exceed 50 Arabic-numbered pages. Reply briefs shall not exceed 25 Arabic-numbered pages. In the event o…