It must be noted that this award is based upon claimant's current employment. Should this change, this agency is available to review-reopening this award. Claimant seeks additional weekly benefits under Iowa Code section 86.13, unnumbered last paragraph. That provision states that if a delay in commencement or termination of benefits occurs without reasonable or probable cause or excuse, the industrial commissioner shall award extra weekly benefits in an amount not to exceed 50 percent of the amount of benefits that were unreasonably delayed or denied. Furthermore, given the plain language of this code section, if there has been a delay or denial in payment of benefits, the employee is entitled to penalty benefits unless the employer proves a reasonable cause or excuse.
Reasonable basis exists if the claim is fairly debatable.
In assessing a penalty, this agency is to consider the length of the delay, the number of delays, the information available to the employer and any prior penalties imposed by this agency against the employer. The basis for the claim for penalty benefits is not clear. Defendants paid the treating doctors permanency rating. Given the lack of any formal restrictions and a return to the same job without loss of pay, entitlement to benefits greater than the impairment rating is fairly debatable. The claim for penalty benefits is denied.