reglab/statecodes huggingface dataset:
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.20 - Rights of employee exclusive.

85.20 Rights of employee exclusive.
The rights and remedies provided in this chapter, chapter 85A, or chapter 85B for an employee, or a student participating in a work-based learning opportunity as provided in section 85.61, on account of injury, occupational disease, or occupational hearing loss for which benefits under this chapter, chapter 85A, or chapter 85B are recoverable, shall be the exclusive and only rights and remedies of the employee or student, the employee’s or student’s personal or legal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury, occupational disease, or occupational hearing loss against any of the following:
1. Against the employee’s employer.
2. Against any other employee of such employer, provided that such injury, occupational disease, or occupational hearing loss arises out of and in the course of such employment and is not caused by the other employee’s gross negligence amounting to such lack of care as to amount to wanton neglect for the safety of another.
3. For a student participating in a work-based learning opportunity as provided in section 85.61, against the student’s school district of residence, receiving school district if the student is participating in open enrollment under section 282.18, accredited nonpublic school, or community college, and the directors, officers, authorities, and employees of the applicable school corporation or school.
[S13, §2477-m2; C24, 27, 31, 35, 39, §1380; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.20]
97 Acts, ch 37, §1; 2016 Acts, ch 1108, §12, 13; 2018 Acts, ch 1130, §1, 4
Referred to in §85.22, 258.10, 670.12
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.21 - Payments concerning liability disputes.

85.21 Payments concerning liability disputes.
1. The workers’ compensation commissioner may order any number or combination of alleged workers’ compensation insurance carriers and alleged employers, which are parties to a contested case or to a dispute which could culminate in a contested case, to pay all or part of the benefits due to an employee or an employee’s dependent or legal representative if any of the carriers or employers agree, or the commissioner determines after an evidentiary hearing, that one or more of the carriers or employers is liable to the employee or to the employee’s dependent or legal representative for benefits under this chapter or under chapter 85A or 85B, but the carriers or employers cannot agree, or the commissioner has not determined which carriers or employers are liable.
2. Unless waived by the carriers or employers ordered to pay benefits, the workers’ compensation commissioner shall order an employer, which is not ordered to pay benefits and which does not have in force a policy of workers’ compensation insurance issued by any carrier which is a party to the case or dispute and covering the claim made by the employee or the employee’s dependent or legal representative, to post a bond or to deposit cash with the commissioner equal to the benefits paid or to be paid by the carriers or employers ordered to pay benefits. If any employer is ordered by the commissioner to post bond or to deposit cash, the employers or carriers ordered to pay benefits are not obligated to pay benefits until the bond is posted or the cash is deposited. The commissioner may order the bond or cash deposit to be increased.
3. When liability is finally determined by the workers’ compensation commissioner, the commissioner shall order the carriers or employers liable to the employee or to the employee’s dependent or legal representative to reimburse the carriers or employers which are not liable but were required to pay benefits. Benefits paid or reimbursed pursuant to an order authorized by this section do not require the filing of a memorandum of agreement. However, a contested case for benefits under this chapter or under chapter 85A or 85B shall not be maintained against a party to a case or dispute resulting in an order authorized by this section unless the contested case is commenced within three years from the date of the last benefit payment under the order. The commissioner may determine liability for the payment of workers’ compensation benefits under this section.
[C77, 79, 81, §86.20; 82 Acts, ch 1161, §22]
98 Acts, ch 1061, §11
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.23 - Notice of injury — failure to give.

85.23 Notice of injury — failure to give.
Unless the employer or the employer’s representative shall have actual knowledge of the occurrence of an injury received within ninety days from the date of the occurrence of the injury, or unless the employee or someone on the employee’s behalf or a dependent or someone on the dependent’s behalf shall give notice thereof to the employer within ninety days from the date of the occurrence of the injury, no compensation shall be allowed. For the purposes of this section, “date of the occurrence of the injury” means the date that the employee knew or should have known that the injury was work-related.
[S13, §2477-m8; C24, 27, 31, 35, 39, §1383; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.23]
2017 Acts, ch 23, §3, 24
Referred to in §85.59, 86.11
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.24 - Form of notice.

85.24 Form of notice.
1. No particular form of notice shall be required, but may be substantially as follows:
To ................................................
You are hereby notified that on or about the ............ day of .................... (month), ........ (year), personal injury was sustained by ........................, while in your employ at ......................... (Give name and place employed and point where located when injury occurred.) and that compensation will be claimed therefor.
Signed ........................................
2. No variation from this form of notice shall be material if the notice is sufficient to advise the employer that a certain employee, by name, received an injury in the course of employment on or about a specified time, at or near a certain place.
[S13, §2477-m8; C24, 27, 31, 35, 39, §1384; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.24]
2000 Acts, ch 1058, §56
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.25 - Service of notice.

85.25 Service of notice.
The notice may be served on anyone upon whom an original notice may be served in civil cases. Service may be made by any person, who shall make return verified by affidavit upon a copy of the notice, showing the date and place of service and upon whom served; but no special form of the return of service of the notice shall be required. It shall be sufficient if the facts therefrom can be reasonably ascertained. The return of service may be amended at any time.
[S13, §2477-m8; C24, 27, 31, 35, 39, §1385; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.25]
Service of notice,
R.C.P. 1.305
,
1.306
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.26 - Limitation of actions — who may maintain action.

85.26 Limitation of actions — who may maintain action.
1. An original proceeding for benefits under this chapter or chapter 85A, 85B, or 86, shall not be maintained in any contested case unless the proceeding is commenced within two years from the date of the occurrence of the injury for which benefits are claimed or, if weekly compensation benefits are paid under section 86.13, within three years from the date of the last payment of weekly compensation benefits. For the purposes of this section, “date of the occurrence of the injury” means the date that the employee knew or should have known that the injury was work-related.
2. An award for payments or an agreement for settlement provided by section 86.13 for benefits under this chapter or chapter 85A or 85B, where the amount has not been commuted, may be reviewed upon commencement of reopening proceedings by the employer or the employee within three years from the date of the last payment of weekly benefits made under the award or agreement. If an award for payments or agreement for settlement as provided by section 86.13 for benefits under this chapter or chapter 85A or 85B has been made and the amount has not been commuted, or if a denial of liability is not filed with the workers’ compensation commissioner and notice of the denial is not mailed to the employee, in the form and manner required by the commissioner, within six months of the commencement of weekly compensation benefits, the commissioner may at any time upon proper application make a determination and appropriate order concerning the entitlement of an employee to benefits provided for in section 85.27. The failure to file a denial of liability does not constitute an admission of liability under this chapter or chapter 85A, 85B, or 86.
3. Notwithstanding chapter 17A, the filing with the workers’ compensation commissioner of the original notice or petition for an original proceeding or an original notice or petition to reopen an award or agreement of settlement provided by section 86.13, for benefits under this chapter or chapter 85A or 85B is the only act constituting commencement for purposes of this section.
4. No claim or proceedings for benefits shall be maintained by any person other than the injured employee, or the employee’s dependent or legal representative if entitled to benefits.
[S13, §2477-m34; C24, 27, 31, 35, 39, §1386, 1457; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §85.26, 86.34; C79, 81, §85.26; 82 Acts, ch 1161, §3]
83 Acts, ch 105, §3; 84 Acts, ch 1067, §15; 98 Acts, ch 1061, §3, 11; 2017 Acts, ch 23, §4, 24; 2021 Acts, ch 76, §17
Referred to in §85.27, 85.34, 85.35, 85.59, 85.72, 86.13
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.28 - Burial expense.

85.28 Burial expense.
When death ensues from the injury, the employer shall pay the reasonable expenses of burial of such employee, not to exceed twelve times the statewide average weekly wage paid employees as determined by the department of workforce development under section 96.1A, subsection 35, and in effect at the time of death, which shall be in addition to other compensation or any other benefit provided for in this chapter.
[S13, §2477-m9; C24, 27, 31, 35, 39, §1388; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.28]
92 Acts, ch 1031, §1; 2003 Acts, ch 140, §1; 2008 Acts, ch 1022, §1; 2020 Acts, ch 1062, §76
Referred to in §85.29, 85.31, 85.34, 85.37
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.29 - Liability in case of no dependents.

85.29 Liability in case of no dependents.
When the injury causes death of an employee who leaves no dependents, then the employer shall pay the reasonable expense of the employee’s sickness, if any, and the expense of burial, as provided in sections 85.27 and 85.28, and this shall be the only compensation; provided that if, from the date of the injury until the date of the death, any weekly compensation shall have become due and unpaid up to the time of the death, the same shall be payable to the estate of the deceased employee.
[S13, §2477-m9; C24, 27, 31, 35, 39, §1389; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.29]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.30 - Maturity date and interest.

85.30 Maturity date and interest.
Compensation payments shall be made each week beginning on the eleventh day after the injury, and each week thereafter during the period for which compensation is payable, and if not paid when due, there shall be added to the weekly compensation payments, interest at the rate provided in section 535.3 for court judgments and decrees.
[C24, 27, 31, 35, 39, §1391; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.30; 82 Acts, ch 1161, §5]
Referred to in §86.13A, 535.3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.32 - When compensation begins.

85.32 When compensation begins.
1. Except as to injuries resulting in permanent partial disability, compensation shall begin on the fourth day of disability after the injury.
2. If the period of incapacity extends beyond the fourteenth day following the date of injury, then the compensation due during the third week shall be increased by adding thereto an amount equal to three days of compensation.
[S13, §2477-m9; C24, 27, 31, 35, 39, §1393; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.32]
2018 Acts, ch 1041, §127
Referred to in §85.33
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.37 - Compensation schedule.

85.37 Compensation schedule.
1. If an employee receives a personal injury causing temporary total disability, or causing a permanent partial disability for which compensation is payable during a healing period, compensation for the temporary total disability or for the healing period shall be upon the basis provided in this section. The weekly benefit amount payable to any employee for any one week shall be upon the basis of eighty percent of the employee’s weekly spendable earnings, but shall not exceed an amount, rounded to the nearest dollar, equal to two hundred percent of the statewide average weekly wage paid employees as determined by the department of workforce development under section 96.1A, subsection 35, and in effect at the time of the injury. Total weekly compensation for any employee shall not exceed eighty percent per week of the employee’s weekly spendable earnings. The minimum weekly benefit amount shall be equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent of the statewide average weekly wage, or to the spendable weekly earnings of the employee, whichever are less.
2. Such compensation shall be in addition to the benefits provided by sections 85.27 and 85.28.
[S13, §2477-m9; C24, 27, 31, 35, 39, §1390; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.37; 82 Acts, ch 1161, §14]
87 Acts, ch 111, §4; 96 Acts, ch 1186, §23; 2018 Acts, ch 1041, §127; 2019 Acts, ch 59, §35; 2020 Acts, ch 1062, §80; 2021 Acts, ch 80, §35
Referred to in §85.33, 85.34
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.39 - Examination of injured employees.

85.39 Examination of injured employees.
1. After an injury, the employee, if requested by the employer, shall submit for examination at some reasonable time and place and as often as reasonably requested, to a physician or physicians authorized to practice under the laws of this state or another state, without cost to the employee; but if the employee requests, the employee, at the employee’s own cost, is entitled to have a physician or physicians of the employee’s own selection present to participate in the examination. If an employee is required to leave work for which the employee is being paid wages to attend the requested examination, the employee shall be compensated at the employee’s regular rate for the time the employee is required to leave work, and the employee shall be furnished transportation to and from the place of examination, or the employer may elect to pay the employee the reasonable cost of the transportation. The refusal of the employee to submit to the examination shall forfeit the employee’s right to any compensation for the period of the refusal. Compensation shall not be payable for the period of refusal.
2. If an evaluation of permanent disability has been made by a physician retained by the employer and the employee believes this evaluation to be too low, the employee shall, upon application to the commissioner and upon delivery of a copy of the application to the employer and its insurance carrier, be reimbursed by the employer the reasonable fee for a subsequent examination by a physician of the employee’s own choice, and reasonably necessary transportation expenses incurred for the examination. The physician chosen by the employee has the right to confer with and obtain from the employer-retained physician sufficient history of the injury to make a proper examination. An employer is only liable to reimburse an employee for the cost of an examination conducted pursuant to this subsection if the injury for which the employee is being examined is determined to be compensable under this chapter or chapter 85A or 85B. An employer is not liable for the cost of such an examination if the injury for which the employee is being examined is determined not to be a compensable injury. A determination of the reasonableness of a fee for an examination made pursuant to this subsection, shall be based on the typical fee charged by a medical provider to perform an impairment rating in the local area where the examination is conducted.
[S13, §2477-m11; C24, 27, 31, 35, 39, §1399; C46, 50, 54, 58, 62, §85.39; C66, 71, 73, 75, §85.34(2), 85.39; C77, 79, 81, §85.39; 82 Acts, ch 1161, §15]
2017 Acts, ch 23, §15, 24
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.40 - Statement of earnings.

85.40 Statement of earnings.
The employer shall furnish, upon request of an injured employee or dependent or any legal representative acting for such person, a statement of the earnings, wages, or salary and other matters relating thereto during the year or part of the year that such employee was in the employment of such employer for the year preceding the injury; but not more than one report shall be required on account of any one injury.
[C24, 27, 31, 35, 39, §1400; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.40]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.41 - Refusal to furnish statement.

85.41 Refusal to furnish statement.
On failure of the employer to furnish such statement of earnings for thirty days after receiving written request therefor from an injured employee, the employee’s agent, attorney, dependent, or legal representative, such employer shall be guilty of a simple misdemeanor.
[C24, 27, 31, 35, 39, §1401; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.41]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.42 - Conclusively presumed dependent.

85.42 Conclusively presumed dependent.
The following shall be conclusively presumed to be wholly dependent upon the deceased employee:
1. The surviving spouse, with the following exceptions:
a. When it is shown that at the time of the injury the surviving spouse had willfully deserted the deceased without fault of the deceased, then the surviving spouse shall not be considered as dependent in any degree.
b. When the surviving spouse was not married to the deceased at the time of the injury.
2. A child or children under eighteen years of age, and over said age if physically or mentally incapacitated from earning, whether actually dependent for support or not upon the parent at the time of the parent’s death. An adopted child or children shall be regarded the same as issue of the body. A child or children, as used herein, shall also include any child or children conceived but not born at the time of the employee’s injury, and any compensation payable on account of any such child or children shall be paid from the date of their birth. A stepchild or stepchildren shall be regarded the same as issue of the body only when the stepparent has actually provided the principal support for such child or children.
[S13, §2477-m16; C24, 27, 31, 35, 39, §1402; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.42]
2020 Acts, ch 1062, §21; 2020 Acts, ch 1063, §43
Referred to in §85.43
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.43 - Payment to spouse.

85.43 Payment to spouse.
1. If the deceased employee leaves a surviving spouse qualified under the provisions of section 85.42, the full compensation shall be paid to the surviving spouse, as provided in section 85.31; provided that where a deceased employee leaves a surviving spouse and a dependent child or children the workers’ compensation commissioner may make an order of record for an equitable apportionment of the compensation payments.
2. If the spouse dies, the benefits shall be paid to the person or persons wholly dependent on deceased, if any, share and share alike. If there are none wholly dependent, then such benefits shall be paid to partial dependents, if any, in proportion to their dependency for the periods provided in section 85.31.
3. If the deceased leaves a dependent child or children who was or were such at the time of the injury, and the surviving spouse remarries, then and in such case, the payments shall be paid to the proper compensation trustee for the use and benefit of such dependent child or children for the period provided in section 85.31.
[S13, §2477-m16; C24, 27, 31, 35, 39, §1403; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.43]
98 Acts, ch 1061, §11; 2017 Acts, ch 54, §76; 2018 Acts, ch 1041, §29
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.44 - Payment to actual dependents.

85.44 Payment to actual dependents.
In all other cases, a dependent shall be one actually dependent or mentally or physically incapacitated from earning. Such status shall be determined in accordance with the facts as of the date of the injury. In such cases if there is more than one person, the compensation benefit shall be equally divided among them. If there is no one wholly dependent and more than one person partially dependent, the compensation benefit shall be divided among them in the proportion each dependency bears to their aggregate dependency.
[S13, §2477-m16; C24, 27, 31, 35, 39, §1404; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.44]
Referred to in §85.31
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.47 - Basis of commutation.

85.47 Basis of commutation.
When the commutation is ordered, the workers’ compensation commissioner shall fix the lump sum to be paid at an amount which will equal the total sum of the probable future payments capitalized at their present value and upon the basis of interest at the rate provided in section 535.3 for court judgments and decrees. Upon the payment of such amount, the employer shall be discharged from all further liability on account of the injury or death, and be entitled to a duly executed release. Upon the filing of the release, the liability of the employer under any agreement, award, finding, or judgment shall be discharged of record.
[S13, §2477-m14; C24, 27, 31, 35, 39, §1407; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.47; 82 Acts, ch 1161, §16]
98 Acts, ch 1061, §11; 2018 Acts, ch 1026, §30
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.48 - Partial commutation.

85.48 Partial commutation.
1. When partial commutation is ordered, the workers’ compensation commissioner shall fix the lump sum to be paid at an amount which will equal the future payments for the period commuted, capitalized at their present value upon the basis of interest at the rate provided in section 535.3 for court judgments and decrees. Provisions shall be made for the payment of weekly compensation not included in the commutation with all remaining payments to be paid over the same period of time as though the commutation had not been made by either eliminating weekly payments from the first or last part of the payment period or by a pro rata reduction in the weekly benefit amount over the entire payment period.
2. When commuting future payments pursuant to this section, if the claim for workers’ compensation benefits was related to an injury that resulted in the injured worker needing a medically necessary permanent prosthetic device or an alteration of an existing medically necessary permanent prosthetic device, a portion of the lump sum payment must be designated for the purposes of covering the estimated cost of repair or replacement of the permanent prosthetic device. Moneys identified pursuant to this subsection shall be paid to the treasurer of state as custodian of the second injury fund for administration pursuant to section 85.65, subsection 2, section 85.66, and section 85.67A.
[S13, §2477-m15; C24, 27, 31, 35, 39, §1408; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.48; 82 Acts, ch 1161, §17]
98 Acts, ch 1061, §11; 2003 Acts, ch 140, §2; 2022 Acts, ch 1128, §5
Referred to in §85.65
Section amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.49 - Trustees for minors and dependents.

85.49 Trustees for minors and dependents.
1. When a minor or a dependent who is mentally incompetent is entitled to weekly benefits under this chapter or chapter 85A or 85B, payment shall be made to the parent, guardian, or conservator, who shall act as trustee, and the money coming into the trustee’s hands shall be expended for the use and benefit of the person entitled to it under the direction and orders of a district judge. The trustee shall qualify and give bond in an amount as the district judge directs, which may be increased or diminished from time to time.
2. If the domicile or residence of the minor or dependent who is mentally incompetent is outside the state of Iowa, the workers’ compensation commissioner may order and direct that benefits to the minor or dependent be paid to a guardian, conservator, or legal representative duly qualified under the laws of the jurisdiction wherein the minor or dependent shall be domiciled or reside. Proof of the identity and qualification of the guardian, conservator, or other legal representative shall be furnished to the workers’ compensation commissioner.
[S13, §2477-m13; C24, 27, 31, 35, 39, §1409; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.49]
83 Acts, ch 186, §10039, 10201; 93 Acts, ch 70, §5; 96 Acts, ch 1129, §20; 98 Acts, ch 1061, §11; 2018 Acts, ch 1041, §30
Referred to in §85.45
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.50 - Report of trustee.

85.50 Report of trustee.
The trustee shall, on or before September 30 of each year, make reports, at such times as designated by the court, to the court of all money or property received or expended for the person for whom the parent, guardian, or conservator is acting as trustee.
[S13, §2477-m13; C24, 27, 31, 35, 39, §1410; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.50]
83 Acts, ch 186, §10040, 10201; 93 Acts, ch 70, §6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.51 - Alien dependents in foreign country.

85.51 Alien dependents in foreign country.
In case a deceased employee for whose injury or death compensation is payable leaves surviving an alien dependent or dependents residing outside the United States, the consul general, consul, vice consul, or consular agent of the nation of which the said dependent or dependents are citizens, or the duly appointed representative of such consular official resident in the state of Iowa, shall be regarded as the exclusive representative of such dependent or dependents, and said consular officials or their representatives shall have the same rights and powers in all matters of compensation which said nonresident aliens would have if resident in the state of Iowa.
[C24, 27, 31, 35, 39, §1411; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.51]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.52 - Consular officer as trustee.

85.52 Consular officer as trustee.
Such consular officer or the officer’s duly appointed representative resident in the state of Iowa shall file in the district court of the county in which the accident occurred resulting in the death of said employee evidence of the officer’s or representative’s authority, and thereupon the court shall appoint the officer or representative a trustee for such nonresident alien dependents, and thereafter the officer or representative shall be subject to the jurisdiction of said court until the final report of distribution and payment has been filed and approved. Such consular official or said representative shall qualify as such trustee by giving bond with approved sureties in a sum to be fixed by said court, and the amount of said bond may be increased or decreased from time to time as said court may direct.
[C24, 27, 31, 35, 39, §1412; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.52]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.53 - Notice to consular officer.

85.53 Notice to consular officer.
If such consular officer, or the officer’s duly appointed representative, shall file with the workers’ compensation commissioner evidence of the officer’s or representative’s authority, the workers’ compensation commissioner shall notify such consular officer or representative of the death of all employees leaving an alien dependent or dependents residing in the country of said consular officer that shall come to the commissioner’s knowledge.
[C24, 27, 31, 35, 39, §1413; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.53]
98 Acts, ch 1061, §11; 2018 Acts, ch 1026, §31
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.54 - Contracts to avoid compensation.

85.54 Contracts to avoid compensation.
Any contract of employment, relief benefit, or insurance, or other device whereby the employee is required to pay any premium or premiums for insurance against the compensation provided for in this chapter, shall be null and void; and any employer withholding from the wages of any employee any amount for the purpose of paying any such premium shall be guilty of a simple misdemeanor.
[S13, §2477-m17; C24, 27, 31, 35, 39, §1414; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.54]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.55 - Franchisor-franchisee relationship.

85.55 Franchisor-franchisee relationship.
1. For purposes of this section, “franchisee” and “franchisor” mean the same as defined in section 523H.1.
2. For purposes of this chapter and chapters 86 and 87, a franchisor shall not be considered to be an employer of a franchisee or of an employee of a franchisee unless any of the following conditions apply:
a. The franchisor has agreed in writing to be considered to be the employer of the franchisee or of the employees of the franchisee.
b. The franchisor has been found by the workers’ compensation commissioner to have exercised a type or degree of control over the franchisee or the franchisee’s employees that is not customarily exercised by a franchisor for the purpose of protecting the franchisor’s trademarks and brand.
2019 Acts, ch 21, §1, 6; 2021 Acts, ch 76, §18
Section applies to work performed on or after July 1, 2019;
2019 Acts, ch 21, §6
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.56 - Employees in interstate commerce.

85.56 Employees in interstate commerce.
So far as permitted, or not forbidden, by any Act of Congress, employers engaged in interstate or foreign commerce and their employees working only in this state shall be bound by the provisions of this chapter in like manner and with the same force and effect in every respect as by this chapter provided for other employers and employees.
[S13, §2477-m21; C24, 27, 31, 35, 39, §1417; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §85.57; C79, 81, §85.56]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.60 - Injuries while in work-based learning opportunity, employment training, or evaluation.

85.60 Injuries while in work-based learning opportunity, employment training, or evaluation.
A person participating in a work-based learning opportunity referred to in section 85.61, or receiving earnings while engaged in employment training or while undergoing an employment evaluation under the direction of a rehabilitation facility approved for purchase-of-service contracts or for referrals by the department of human services or the department of education, who sustains an injury arising out of and in the course of the work-based learning opportunity participation, employment training, or employment evaluation is entitled to benefits as provided in this chapter, chapter 85A, chapter 85B, and chapter 86. Notwithstanding the minimum benefit provisions of this chapter, a person referred to in this section and entitled to benefits under this chapter is entitled to receive a minimum weekly benefit amount for a permanent partial disability under section 85.34, subsection 2, or for a permanent total disability under section 85.34, subsection 3, equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent of the statewide average weekly wage computed pursuant to section 96.3 and in effect at the time of the injury.
86 Acts, ch 1104, §1; 97 Acts, ch 37, §2; 2016 Acts, ch 1108, §14
Referred to in §85.61
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.62 - Inmates of county jail.

85.62 Inmates of county jail.
The county board of supervisors of any county may elect to include as an employee for purposes of this chapter any person confined as an inmate in a county jail or confined in any other facility in lieu of confinement in a county jail. If such election is made, the provisions of section 85.1, subsection 6, shall apply to such county. If an inmate in the performance of the inmate’s work in connection with the maintenance of a county jail or other local facility, or in connection with any industry maintained therein, or with any highway or public works activity outside a county jail or other local facility sustains an injury arising out of and in the course thereof, the inmate shall be awarded and paid compensation at the minimum rate as provided in this chapter. If death results from such injury, death benefits shall be awarded and paid to the dependents of the inmate. If any such person is awarded weekly compensation under the provisions of this section and is still committed to the county jail or other facility, the inmate’s compensation benefits under section 85.33 or section 85.34, subsection 1, shall be paid to the county for so long as the inmate shall remain so committed. Weekly compensation benefits awarded pursuant to section 85.34, subsection 2, shall be held in trust and paid to such person as provided in this chapter upon final discharge or parole, whichever occurs first. In the event such person is recommitted to the county jail or other facility prior to receiving in full, the inmate’s weekly benefits pursuant to section 85.33 or section 85.34, subsection 1, such benefits shall again be paid to the county for so long as the inmate shall remain so recommitted. Also, weekly benefits under section 85.34, subsection 2, shall be suspended and again held in trust until such person is again released by final discharge or parole, whichever first occurs. However, the workers’ compensation commissioner may, if the commissioner finds that dependents of the person awarded weekly compensation pursuant to section 85.33 or section 85.34, subsections 1 and 2, would require welfare aid as a result of terminating the compensation, order such weekly compensation to be paid to a responsible person for the use of the inmate’s dependents.
[C73, 75, 77, 79, 81, §85.62]
98 Acts, ch 1061, §11
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.63 - Title of Act.

85.63 Title of Act.
This subchapter shall be known and referred to as the “Second Injury Compensation Act”.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.63]
2014 Acts, ch 1026, §143
Referred to in §86.12
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.64 - Limitation of benefits.

85.64 Limitation of benefits.
1. If an employee who has previously lost, or lost the use of, one hand, one arm, one foot, one leg, or one eye, becomes permanently disabled by a compensable injury which has resulted in the loss of or loss of use of another such member or organ, the employer shall be liable only for the degree of disability which would have resulted from the latter injury if there had been no preexisting disability. In addition to such compensation, and after the expiration of the full period provided by law for the payments thereof by the employer, the employee shall be paid out of the “Second Injury Fund” created by this subchapter the remainder of such compensation as would be payable for the degree of permanent disability involved after first deducting from such remainder the compensable value of the previously lost member or organ.
2. Any benefits received by any such employee, or to which the employee may be entitled, by reason of such increased disability from any state or federal fund or agency, to which said employee has not directly contributed, shall be regarded as a credit to any award made against said second injury fund as aforesaid.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.64]
2014 Acts, ch 1026, §18
Referred to in §86.12
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.65 - Payments to second injury fund.

85.65 Payments to second injury fund.
1. The employer, or, if insured, the insurance carrier in each case of compensable injury causing death, shall pay to the treasurer of state for the second injury fund the sum of twelve thousand dollars in a case where there are dependents and forty-five thousand dollars in a case where there are no dependents. The payment shall be made at the time compensation payments are begun, or at the time the burial expenses are paid in a case where there are no dependents. However, the payments shall be required only in cases of injury resulting in death coming within the purview of this chapter and occurring after July 1, 1978. These payments shall be in addition to any payments of compensation to injured employees or their dependents, or of burial expenses as provided in this chapter.
2. a. The employer, or, if insured, the insurance carrier shall pay to the treasurer of state for the second injury fund the sum of moneys designated for the purpose of covering the estimated cost of repair or replacement of a permanent prosthetic device for an injured worker pursuant to section 85.35, 85.45, or 85.48.
b. (1) Upon receipt of moneys pursuant to paragraph “a”, the treasurer of state shall credit the employee for the full amount received.
(2) Moneys received by the treasurer of state pursuant to this paragraph for a permanent prosthetic device that was not medically necessary prior to an injury shall be credited to the injured worker in a new account relating to that permanent prosthetic device.
(3) Moneys received by the treasurer of state pursuant to this paragraph for an existing permanent prosthetic device that requires alteration due to an injury shall be credited to the employee’s account relating to that prosthetic device if one exists, or credited to a new account if one is not in existence for that prosthetic device.
c. Moneys credited to an employee pursuant to this subsection may only be used for the purposes designated in section 85.67A and only in relation to the permanent prosthetic device for which the account was created.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.65; 82 Acts, ch 1161, §20]
89 Acts, ch 33, §1; 98 Acts, ch 1113, §1, 7; 2022 Acts, ch 1128, §7
Referred to in §85.27, 85.35, 85.45, 85.48, 85.67A, 85.68, 86.12
Section amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.66 - Second injury fund — creation — custodian.

85.66 Second injury fund — creation — custodian.
1. The second injury fund is hereby established under the custody of the treasurer of state and shall consist of payments to the fund as provided by this subchapter and any accumulated interest and earnings on moneys in the second injury fund.
2. The treasurer of state is charged with the conservation of the assets of the second injury fund. Moneys collected in the second injury fund shall be disbursed only for the purposes stated in this subchapter, and shall not at any time be appropriated or diverted to any other use or purpose. Disbursements from the fund shall only be paid by the treasurer of state for reimbursements pursuant to section 85.67, for payments pursuant to section 85.67A, or upon the written order of the workers’ compensation commissioner. The treasurer of state shall invest any surplus moneys of the fund in securities which constitute legal investments for state funds under the laws of this state, and may sell any of the securities in which the fund is invested, if necessary, for the proper administration or in the best interests of the fund.
3. The treasurer of state shall quarterly prepare a statement of the fund, setting forth the balance of moneys in the fund, the income of the fund, specifying the source of all income, the payments out of the fund, specifying the various items of payments, and setting forth the balance of the fund remaining to its credit. The statement shall be open to public inspection in the office of the treasurer of state.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.66; 82 Acts, ch 1161, §21]
83 Acts, ch 105, §5; 90 Acts, ch 1071, §1; 98 Acts, ch 1061, §11; 98 Acts, ch 1113, §3, 7; 2004 Acts, ch 1175, §196, 202; 2007 Acts, ch 215, §84; 2009 Acts, ch 133, §22; 2014 Acts, ch 1026, §143; 2022 Acts, ch 1128, §8
Referred to in §85.35, 85.45, 85.48, 86.12, 86.13A
Subsection 2 amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.67 - Administration of fund — special counsel — payment of award.

85.67 Administration of fund — special counsel — payment of award.
1. The attorney general shall appoint a staff member to represent the treasurer of state and the fund in all proceedings and matters arising under this subchapter. The attorney general shall be reimbursed up to four hundred fifty thousand dollars annually from the fund for services provided related to the fund. The commissioner of insurance shall consider the reimbursement to the attorney general as an outstanding liability when making a determination of funding availability under section 85.65A, subsection 2.
2. In making an award under this subchapter, the workers’ compensation commissioner shall specifically find the amount the injured employee shall be paid weekly, the number of weeks of compensation which shall be paid by the employer, the date upon which payments out of the fund shall begin, and, if possible, the length of time the payments shall continue.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.67]
83 Acts, ch 105, §6; 98 Acts, ch 1061, §11; 98 Acts, ch 1113, §4, 7; 2004 Acts, ch 1175, §197, 209; 2007 Acts, ch 215, §85; 2013 Acts, ch 139, §53; 2014 Acts, ch 1026, §143; 2021 Acts, ch 166, §22; 2022 Acts, ch 1032, §18
Referred to in §85.66, 86.12
Section amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.67A - Administration of fund — permanent prosthetic devices.

85.67A Administration of fund — permanent prosthetic devices.
1. For the purposes of this section:
a. “Prosthetic device” or “device” means a permanent prosthetic device for which an account has been established pursuant to section 85.65, subsection 2.
b. “Prosthetics supplier” means a person or business who makes or repairs permanent prosthetic devices.
c. “Voucher” means a written statement that identifies all of the following:
(1) The prosthetic device requiring repair or replacement.
(2) Whether the device appears to require repair or replacement and the reason the device requires repair or replacement.
(3) The exact amount, including taxes, necessary to pay for the repair or replacement of the device.
2. The treasurer of state shall pay moneys from an account established pursuant to section 85.65, subsection 2, to a prosthetics supplier for the replacement or repair of a prosthetic device upon the receipt of a voucher.
3. a. If an employee dies prior to receiving all moneys credited to the employee pursuant to section 85.65, subsection 2, the treasurer of state shall pay the remaining moneys to the employer which originally contributed such moneys.
b. If an employer cannot be paid pursuant to paragraph “a”, the treasurer of state shall pay remaining moneys to the insurer named in relation to the claim from which the credits arose.
c. If an employer or insurer cannot be paid pursuant to paragraphs “a” and “b”, the treasurer of state shall pay remaining moneys to the employee’s beneficiaries.
d. If the employee did not designate any beneficiaries, remaining moneys shall be paid to the employee’s estate.
4. The labor commissioner and the commissioner of insurance may adopt rules pursuant to chapter 17A to implement this section. Such rules may include guidelines for which prosthetics suppliers may provide a repair or replacement for a prosthetic device, the form a voucher must take, and information in addition to content described in subsection 1, paragraph “c”, that must appear on a voucher.
2022 Acts, ch 1128, §9
Referred to in §85.35, 85.45, 85.48, 85.65, 85.66, 86.12
NEW section
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.68 - Actions — collection of payments — subrogation.

85.68 Actions — collection of payments — subrogation.
The labor commissioner shall be charged with the collection of contributions and payments to the second injury fund required to be made pursuant to section 85.65. In addition, the labor commissioner, on behalf of the second injury fund created under this subchapter, shall have a cause of action under section 85.22 to the same extent as an employer against any person not in the same employment by reason of whose negligence or wrong the subsequent injury of the person with the previous disability was caused. The action shall be brought by the labor commissioner on behalf of the fund, and any recovery, less the necessary and reasonable expenses incurred by the labor commissioner, shall be paid to the treasurer of state and credited to the second injury fund.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.68]
83 Acts, ch 105, §7; 96 Acts, ch 1129, §21; 98 Acts, ch 1113, §5, 7; 2014 Acts, ch 1026, §143
Referred to in §84A.5, 86.12, 91.4
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 85 - WORKERS’ COMPENSATION › Section 85.69 - Federal contributions.

85.69 Federal contributions.
The treasurer of state is hereby authorized to receive and credit to the second injury fund any sum or sums that may at any time be contributed to the state by the United States or any agency thereof, under any Act of Congress or otherwise, to which the state may be or become entitled by reason of any payments made to any person with a previous disability out of the fund.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.69]
96 Acts, ch 1129, §22
Referred to in §86.12