Iowa Administrative Code

4.46(1) See rule 876—10.3(17A,85,86) for informal resolution procedures and definitions. The following definition also applies to this rule: “Petitioning party” means the person who requests or initiates a contested case proceeding. 4.46(2) If utilization of the procedures given …

876—4.48(17A,85,86) Application for alternate care. 4.48(1) Purpose. The purpose of this rule is to establish the procedures for issuing decisions on applications for alternate care within the time provided in Iowa Code section 85.27. 4.48(2) Definitions. The following definition…

a deputy workers’ compensation commissioner. a. Within 120 days following filing of a petition, the counsel of record for all parties and all self- represented parties shall request a hearing by using WCES. In a case for which a request for waiver of the mandatory use of WCES has…

or video technology including but not limited to Internet-based video. This rule is intended to implement Iowa Code sections 17A.12, 85.27, 86.8, 86.17 and 86.18.

party, the workers’ compensation commissioner may initiate proceedings under subrule 4.1(10). The proceeding may be held before a deputy workers’ compensation commissioner or the workers’ compensation commissioner. The workers’ compensation commissioner shall be the only person t…

4.50(1) Purpose. The purpose of this rule is to establish the procedures for issuing decisions on applications for vocational training, education, and supplies provided for in Iowa Code section 85.70(2). 4.50(2) Definitions. The following definitions apply to this rule: “Applicat…

file a copy of the petition for judicial review in WCES within ten days of filing the petition with a district court. If a party has been granted a waiver of the mandatory use of WCES, the party shall file a copy of the petition for judicial review with the division of workers’ c…

shall govern the use and filings in WCES for contested case proceedings before the workers’ compensation commissioner unless the provisions are in conflict with these rules or Iowa Code chapters 85, 85A, 85B, 86, 87 and 17A or obviously inapplicable to the workers’ compensation c…

with the original notice unless original notice Form 100, Form 100A, Form 100B, or Form 100D of the division of workers’ compensation is used. The original notice Form 100, Form 100A, Form 100B, Form 100C, Form 100D, or a determination of liability reimbursement for benefits paid…

be made by the petitioning party as provided in Iowa Code section 17A.12(1) except that a party may deliver the original notice on a nonresident employer as provided in Iowa Code section 85.3. A proposed or final decision, order or ruling may be delivered by the division of worke…

4.8(1) A contested case is commenced by filing the original notice and petition with the workers’ compensation commissioner. No action shall be taken by the workers’ compensation commissioner on any contested case against an adverse party unless the adverse party has answered or …

responses to pleadings and motions shall be made in WCES. Registration with the division of workers’ compensation’s WCES is required. Registration is accepted at www.iowaworkcomp.gov/efile. After a matter has been commenced and the respondent has been served with an original noti…

compensation commissioner for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the workers’ compensation commissioner, at the office of the workers’ compensation commissioner. Parties shall not …

must contain the date of its issuance, the name of petitioner and all intervenors, the specific statutes, rules, policies, decisions, or orders involved, the particular facts upon which it is based, and the reasons for its conclusion. A declaratory order is effective on the date …

order shall be mailed promptly to the original petitioner and all intervenors.

as a final order issued in a contested case proceeding. It is binding on the workers’ compensation commissioner, the petitioner, and any intervenors who consent to be bound and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable…

intervention. See 876—paragraph 4.8(2)“a.” These rules are intended to implement Iowa Code section 17A.9. [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 9/26/80, Notice 8/20/80—published 10/15/…

order, the workers’ compensation commissioner shall give notice of the petition to all persons not served by the petitioner pursuant to rule 876—5.6(17A) to whom notice is required by any provision of law. The workers’ compensation commissioner may also give notice to any other p…

5.3(1) Nondiscretionary intervention. Persons who qualify under any applicable provision of law as an intervenor and who file a petition for intervention within 15 working days of the filing of a petition for declaratory order and before 30-day time for agency action under rule 8…

The workers’ compensation commissioner may request a brief from the petitioner, any intervenor, or any other person concerning the questions raised.

to the Workers’ Compensation Commissioner, 150 Des Moines Street, Des Moines, Iowa 50309. [ARC 5042C, IAB 5/20/20, effective 6/24/20]

5.6(1) Service. Except where otherwise provided by law, every petition for declaratory order, petition for intervention, brief, or other paper filed in a proceeding for a declaratory order shall be served upon each of the parties of record to the proceeding, and on all other pers…

schedule a brief and informal meeting between the original petitioner, all intervenors, and the workers’ compensation commissioner or a member of the staff of the workers’ compensation commissioner to discuss the questions raised. The workers’ compensation commissioner may solici…

5.8(1) Time frames for action. Within 30 days after receipt of a petition for a declaratory order, the workers’ compensation commissioner or the commissioner’s designee shall take action on the petition as required by Iowa Code section 17A.9(5). 5.8(2) Date of issuance of order. …

5.9(1) The workers’ compensation commissioner shall not issue a declaratory order where prohibited by Iowa Code section 17A.9(1), and may refuse to issue a declaratory order on some or all questions raised for the following reasons: 1. The petition does not substantially comply w…

to the workers’ compensation commissioner for approval. An agreement for settlement pursuant to Iowa Code section 85.35(2) shall be on Form 14-0021. A compromise settlement pursuant to Iowa Code section 85.35(3) shall be on Form 14-0025. A combination settlement pursuant to Iowa …

considered or granted: 6.2(1) A first report of injury, an acknowledgment of compensability and an updated supplemental claim activity report must be filed. 6.2(2) The commutation forms provided for in 876—6.4(85,86) must be filed. 6.2(3) All doctors’ and practitioners’ reports r…

paid in appropriate commutation proceedings. Nothing in this rule is to prevent waiver of the discount in subrule 6.3(2) by the employer or insurance carrier. 6.3(1) Life expectancy table. The life expectancy is determined by taking the age of the person, set forth in the “age” c…

Form No. 9A (14-0017) shall be used for a partial commutation. See rule 876—3.1(17A) for description of these forms. This rule is intended to implement Iowa Code sections 85.45 and 85.47.

or commutation is submitted, it shall contain or be accompanied by a verified statement from the injured employee indicating awareness that, upon approval by the workers’ compensation commissioner of the settlement or commutation, a final bar to future claims or benefits under th…

commissioner or deputy workers’ compensation commissioner, an application for approval of a settlement or an original notice and petition for approval of a commutation or partial commutation shall not be accepted for filing if accompanied by documentation in excess of 20 pages. A…

statement on Form 14-0163, which the claimant has personally completed, certified and signed, must be submitted with all settlement and commutation forms and documents. This rule is intended to implement Iowa Code sections 85.35 and 86.8. [ARC 3528C, IAB 12/20/17, effective 1/24/…

commissioner that a matter scheduled for a hearing has been settled and the matter is removed from the hearing schedule, the proposed settlement shall be filed with the workers’ compensation commissioner within 60 days of the notification. A party may, within 60 days of the notif…

In lieu of the words “designate office” insert “the Division of Workers’ Compensation, Department of Workforce Development, 150 Des Moines Street, Des Moines, Iowa 50309.” In lieu of the words “AGENCY NAME”, the heading on the petition form should read: BEFORE THE DIVISION OF WOR…

Division of Workers’ Compensation, Department of Workforce Development, 150 Des Moines Street, Des Moines, Iowa 50309. [ARC 5042C, IAB 5/20/20, effective 6/24/20] These rules implement Iowa Code chapters 85, 85A, 85B, 86, and 87, and specifically Iowa Code sections 85.27, 85.45, …

and 85.39 shall include but not be limited to the following: 1. The cost of public transportation if tendered by the employer or insurance carrier. 2. All mileage incident to the use of a private auto. The per-mile rate shall be the rate allowed by the Internal Revenue Service fo…

written request of an employee or the representative of an employee who has alleged an injury arising out of and in the course of employment, an employer or insurance carrier shall provide the claimant a copy of all records and reports in its possession generated by a medical pro…

8.11(1) Effective date. This rule is effective for claims for occupational hearing loss filed on or after July 1, 1998. 8.11(2) Purpose. The purposes of this rule are to adopt tables and the method for calculating age- related hearing loss and to adopt a worksheet for apportionme…

employee in writing, including the details of lodging, meals, and transportation. With each offer of temporary work, the employer shall notify the employee in writing that: 1. If the employee refuses the offer of temporary work, the employee shall communicate the refusal and the …

excess of the straight time rate for overtime hours worked. Such excess amounts shall not be considered in determining gross weekly wages within Iowa Code section 85.36. Overtime hours at the straight time rate are included in determining gross weekly earnings. This rule is inten…

compensation which exceeds the applicable weekly compensation rate shall not be construed as advance payment with respect to either future temporary disability, healing period, permanent partial disability, permanent total disability or death. This rule is intended to implement I…

dentures, orthopedic braces, or any other artificial device used to provide function or for therapeutic purposes. Appliances which are for the correction of a condition resulting from an injury or appliances which are damaged or made unusable as a result of an injury or avoidance…

Iowa Code chapters 85 and 85A are based upon a seven-day calendar week. Each day of weekly compensation benefits due may be paid by multiplying the employee’s weekly compensation benefit rate by the decimal equivalents of the number of days as follows: 1 day = .143 × weekly rate …

white paper measuring 8½ inches by 11 inches. This rule is intended to implement Iowa Code section 86.18. [ARC 6841C, IAB 2/8/23, effective 3/15/23]

2022, through June 30, 2023, are the tables in effect on July 1, 2022, for computation of: 1. Federal income tax withholding according to the percentage method of withholding for weekly payroll period. (Federal Income Tax Withholding Methods, Publication 15-T [2021].) 2. Iowa ind…

contested case proceeding, the parties to the case shall use the ratebook in effect on the date of the claimant’s injury published by the division of workers’ compensation at www.iowaworkcomp.gov/ ratebook. This rule is intended to implement Iowa Code chapter 85. [ARC 6841C, IAB …

“Agency.” In lieu of the words “(official or body issuing these rules)”, insert “the division of workers’ compensation of the department of workforce development”. “Open record” means a record other than a confidential record, including but not limited to the record of declarator…

9.10(1) Defined. “Routine use” means the disclosure of a record without the consent of the subject or subjects, for a purpose which is compatible with the purpose for which the record was collected. It includes disclosures required to be made by statute other than the public reco…

9.11(1) The subject of a confidential record may file a written request to review confidential records about that subject as provided in rule 876—9.6(17A,22,85-87). However, the agency need not release the following records to the subject: a. The identity of a person providing in…