reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.11 - Exclusion for Elected Officials and Their Appointees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subrules 215.3(7)
"a"
and
				215.3(7)
"b"
(1) to (5) of [875] provide an exclusion from the
				coverage for officials elected by the voters of their jurisdictions. Also
				excluded under this provision are personal staff members and officials in
				policy-making positions who are selected or appointed by the elected public
				officials and certain advisers to such officials.
(2) The statutory term "member of personal
				staff generally includes only persons who are under the direct supervision of
				the selecting elected official and have regular contact with the official. The
				term typically does not include individuals who are directly supervised by
				someone other than the elected official even though they may have been selected
				by the official.
(3) In order to
				qualify as personal staff members or officials in policy-making positions, the
				individuals in question must not be subject to the civil service laws of their
				employing agencies. The term "civil service laws" refers to a personnel system
				established by law which is designed to protect employees from arbitrary
				action, personal favoritism, and political coercion, and which uses a
				competitive or merit examination process for selection and placement. Continued
				tenure of employment of employees under civil service, except for cause, is
				provided. In addition, personal staff members must be appointed by, and serve
				solely at the pleasure or discretion of, the elected official.
(4) The exclusion for "immediate adviser" to
				elected officials is limited to staff who serve as advisers on constitutional
				or legal matters, and who are not subject to the civil service rules of their
				employing agency.
29 CFR
					 553.11.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.12 - Exclusion for Employees of Legislative Branches

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subrules 215.3(7)
"a"
and
				215.3(7)
"b"
(1) to (5) of [875] provide an exclusion from the
				definition of the term "employee" for individuals who are not subject to the
				civil service laws of their employing agencies and are employed by legislative
				branches or bodies of the state and its political subdivisions.
(2) Employees of the state or local
				legislative libraries do not come within this statutory exclusion. Also,
				employees of school boards, other than elected officials and their appointees
				(as discussed in rule 220.11(91D)), do not come within this
				exclusion.
29 CFR
					 553.12.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.20 - Introduction

Current through Register Vol. 47, No. 3, July 24, 2024
A public agency which is the state or a political subdivision
				  of the state is authorized to provide compensatory time off (with certain
				  limitations, as provided in rule 220.21(91D)) in lieu of monetary overtime
				  compensation.
29
					 CFR
					 553.20.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.21 - Compensatory Time and Compensatory Time Off

Current through Register Vol. 47, No. 3, July 24, 2024
The terms "compensatory time" and "compensatory time off mean
				  hours during which an employee is not working, which are not counted as hours
				  worked during the applicable workweek or other work period for purposes of
				  overtime compensation, and for which the employee is compensated at the
				  employee's regular rate.
29 CFR
					 553.21.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.27 - Payments for Unused Compensatory Time

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Payments for accrued compensatory time
				may be made at any time and shall be paid at the regular rate earned by the
				employee at the time the employee receives such payment.
(2) Upon termination of employment, an
				employee shall be paid for unused compensatory time at a rate of compensation
				not less than:
a. The average regular rate
				received by the employee during the last three years of the employee's
				employment, or
b. The final regular
				rate received by the employee, whichever is higher.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.28 - Other Compensatory Time

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Compensatory time which is earned and
				accrued by an employee for employment in excess of a nonstatutory requirement
				is considered "other" compensatory time. The term "other" compensatory time off
				means hours during which an employee is not working and which are not counted
				as hours worked during the period when used.
(2) and (3) Reserved.
(4) The rate at which "other" compensatory
				time is earned is not required to be at a rate of one and one-half hours for
				each hour of employment. The rate at which "other" compensatory time is earned
				may be some lesser or greater multiple of the rate or the straight-time rate
				itself.
29 CFR
					 553.28.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.31 - Substitution-federal Fair Labor Standards Act, 29 U.s.c. 207 (p) (3)

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Individuals employed in any occupation by
				the same public agency may agree, solely at their option and with the approval
				of the public agency, to substitute for one another during scheduled work hours
				in performance of work in the same capacity. Where one employee substitutes for
				another, each employee will be credited as if the employee had worked the
				normal work schedule for that shift.
(2) An employee's decision to substitute will
				be considered to have been made at the employee's sole option when it has been
				made
(a)
without fear of reprisal or promise of reward by the
				employer, and
(b)
exclusively for the employee's own
				convenience.
29 CFR
					 553.31.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.50 - Records to Be Kept of Compensatory Time

Current through Register Vol. 47, No. 3, July 24, 2024
For each employee subject to the compensatory time and
				  compensatory time off provisions of the federal Fair Labor Standards Act,
				  29
				  U.S.C. 207(o), a public
				  agency shall maintain and preserve records containing the basic information and
				  data required by rule
				  875-216.2
				  (91D) and:
(1) The number of hours of
				compensatory time earned pursuant to the federal Fair Labor Standards Act,
				29
				U.S.C. 207(o), each
				workweek, or other applicable work period, by each employee at the rate of one
				and one-half hour for each overtime hour worked;
(2) The number of hours of compensatory time
				used each workweek, or other applicable work period, by each
				employee;
(3) The number of hours
				of compensatory time compensated in cash, the total amount paid and the date of
				payment; and
(4) Any collective
				bargaining agreement or written understanding or agreement with respect to
				earning and using compensatory time off. If the agreement or understanding is
				not in writing, a record of its existence must be kept.
29 CFR
					 553.50.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.100 - General

Current through Register Vol. 47, No. 3, July 24, 2024
Individuals performing volunteer services for units of the
				  state and local governments will not be regarded as
				  "employees."
29 CFR
					 553.100.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.101 - "volunteer" Defined

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				individual who performs hours of service for a public agency for civic,
				charitable, or humanitarian reasons, without promise, expectation or receipt of
				compensation for services rendered, is considered to be a volunteer.
				Individuals performing hours of service for a public agency will be considered
				volunteers for the time so spent and not subject to the minimum wage
				requirement when the hours of service are performed in accord with
				875-subparagraphs 215.3(8)
"b"
(1) and
(2) and the guidelines in rules 220.100(91D)
				to 220.106(91D).
(2)
				Reserved.
(3) Individuals shall be
				considered volunteers only where their services are offered freely and without
				pressure or coercion, direct or implied, from an employer.
(4) An individual shall not be considered a
				volunteer if the individual is otherwise employed by the same public agency to
				perform the same type of services as those for which the individual proposes to
				volunteer.
29 CFR
					 553.101.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.102 - Employment by the Same Public Agency

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subparagraph
				215.3(8)
"b"
(2) of [875] does not permit an individual to
				perform hours of volunteer service for a public agency when the hours involve
				the same type of services which the individual is employed to perform for the
				same public agency.
(2) Whether two
				agencies of the same state or local government constitute the same public
				agency can only be determined on a case-by-case basis. One factor that would
				support a conclusion that two agencies are separate is whether they are treated
				separately for statistical purposes in the Census of Governments issued by the
				Bureau of the Census, U.S. Department of Commerce.
29 CFR
					 553.102.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.103 - "same Type of Services" Defined

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Employees may volunteer their services in
				one capacity or another without contemplation of pay for services rendered. The
				phrase "same type of services" means similar or identical services. In general,
				the duties and other factors contained in the definitions of the three-digit
				categories of occupations in the Dictionary of Occupational Titles will be
				followed in determining whether the volunteer activities constitute the "same
				type of services" as the employment activities. Equally important in the
				determination will be the consideration of all the facts and circumstances in a
				particular case, including whether the volunteer service is closely related to
				the actual duties performed by or responsibilities assigned to the
				employee.
(2) Reserved.
29 CFR
					 553.103.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.104 - Private Individuals Who Volunteer Services to Public Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Individuals who
				are not employed in any capacity by state or local government agencies often
				donate hours of service to a public agency for civic or humanitarian reasons.
				These individuals are considered volunteers and not employees of such public
				agencies if their hours of service are provided with no promise, expectation,
				or receipt of compensation for the services rendered, except for reimbursement
				for expenses, reasonable benefits, and nominal fees, or a combination thereof,
				as discussed in rule 220.106(91D). There are no limitations or restrictions
				imposed on the types of services which private individuals may volunteer to
				perform for public agencies.
(2)
				Reserved.
29
					 CFR
					 553.104.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.105 - Mutual Aid Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
An agreement between the state and another state or between
				  two or more political subdivisions for mutual aid does not change the otherwise
				  volunteer character of services performed by employees of such agencies
				  pursuant to said agreement.
29 CFR
					 553.105.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.106 - Payment of Expenses, Benefits, or Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Volunteers may be paid expenses,
				reasonable benefits, a nominal fee, or any combination thereof, for their
				service without losing their status as volunteers.
(2) An individual who performs hours of
				service as a volunteer for a public agency may receive payment for expenses
				without being deemed an employee for purposes of these rules. Individuals would
				not lose their volunteer status because they are reimbursed for the approximate
				out-of-pocket expenses incurred incidental to providing volunteer services, for
				example, payment for the cost of meals and transportation expenses.
(3) Individuals do not lose their status as
				volunteers because they are reimbursed for tuition, transportation and meal
				costs involved in their attending classes intended to teach them to perform
				efficiently the services they provide or will provide as volunteers. Likewise,
				the volunteer status of individuals is not lost if they are provided books,
				supplies, or other materials essential to their volunteer training or
				reimbursement for the cost thereof.
(4) Individuals do not lose their volunteer
				status if they are provided reasonable benefits by a public agency for whom
				they perform volunteer services. Benefits would be considered reasonable, for
				example, when they involve inclusion of individual volunteers in group
				insurance plans (such as liability, health, life, disability, workers'
				compensation) or pension plans or "length of service" awards, commonly or
				traditionally provided to volunteers of government agencies, which meet the
				additional test in 220.106(6).
(5)
				Individuals do not lose their volunteer status if they receive a nominal fee
				from a public agency. A nominal fee is not a substitute for compensation and
				shall not be tied to productivity. However, this does not preclude the payment
				of a nominal amount on a "per call" or similar basis to volunteer firefighters.
				The following factors will be among those examined in determining whether a
				given amount is nominal:
a. The distance
				traveled and the time and effort expended by the volunteer;
b. Whether the volunteer has agreed to be
				available around the clock or only during certain specified time periods;
				and
c. Whether the volunteer
				provides services as needed or throughout the year. An individual who
				volunteers to provide periodic services on a year-round basis may receive a
				nominal monthly or annual stipend or fee without losing volunteer
				status.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.221 - Compensable Hours of Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Reserved.
(2) Compensable hours of
				work generally include all of the time during which an employee is on duty on
				the employer's premises or at a prescribed workplace, as well as all other time
				during which the employee is suffered or permitted to work for the employer.
				The time includes all preshift and postshift activities which are an integral
				part of the employee's principal activity or which are closely related to the
				performance of the principal activity, such as attending roll call, writing up
				and completing tickets or reports, and washing and reracking fire
				hoses.
(3) Time spent away from the
				employer's premises under conditions that are so circumscribed that they
				restrict the employee from effectively using the time for personal pursuits
				also constitutes compensable hours of work.
(4) An employee who is not required to remain
				on the employer's premises but is merely required to leave word at home or with
				company officials where the employee may be reached is not working while on
				call. Time spent at home on call may be compensable depending on whether the
				restrictions placed on the employee preclude using the time for personal
				pursuits. Where the conditions placed on the employee's activities are so
				restrictive that the employee cannot use the time effectively for personal
				pursuits, such time spent on call is compensable.
(5) Normal home to work travel is not
				compensable, even where the employee is expected to report to work at a
				location away from the location of the employer's premises.
(6) A police officer, who has completed the
				tour of duty and who is given a patrol car to drive home and use on personal
				business, is not working during the travel time even where the radio must be
				left on so that the officer can respond to emergency calls. The time spent in
				responding to such calls is compensable.
(7) The fact that employees cannot return
				home after work does not necessarily mean that they continue on duty after
				their shift.
29 CFR
					 553.221.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.222 - Sleep Time

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Reserved.
(2) Sleep time cannot be
				excluded from the compensable hours of work where:
a. The employee is on a tour of duty of less
				than 24 hours, and
b. Where the
				employee is on a tour of duty of exactly 24 hours.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.223 - Meal Time

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a public
				agency elects to pay overtime compensation to firefighters and law enforcement
				personnel in accordance with the federal Fair Labor Standards Act,
				29
				U.S.C. 207(a)(1), the public
				agency may exclude meal time from hours worked if all the tests in
				29 CFR
				785.19 are met.
(2) If a public agency elects to use the
				federal Fair Labor Standards Act,
				29
				U.S.C. 207(f) exemption, the
				public agency may, in the case of law enforcement personnel, exclude meal time
				from hours worked on tours of duty of 24 hours or less, provided that the
				employee is completely relieved from duty during the meal period and all the
				other tests in
				29 CFR
				785.19 are met. On the other hand, where law
				enforcement personnel are required to remain on call in barracks or similar
				quarters, or are engaged in extended surveillance activities (e.g.,
				"stakeouts"), they are not considered to be completely relieved from duty, and
				any meal periods would be compensable.
(3) Where the public agency elects to use the
				federal Fair Labor Standards Act,
				29
				U.S.C. 207(k), exemption for
				firefighters, meal time cannot be excluded from the compensable hours of work
				where:
a. The firefighter is on a tour of duty
				of less than 24 hours, and
b. Where
				the firefighter is on a tour of duty of exactly 24 hours.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.225 - Early Relief

Current through Register Vol. 47, No. 3, July 24, 2024
It is a common practice among employees engaged in fire
				  protection activities to relieve employees on the previous shift prior to the
				  scheduled starting time. Early relief time may occur pursuant to employee
				  agreement, either expressed or implied. This practice will not have the effect
				  of increasing the number of compensable hours of work for employees employed
				  under federal Fair Labor Standards Act,
				  29
				  U.S.C. 207(k), where it is
				  voluntary on the part of the employees and does not result, over a period of
				  time, in their failure to receive proper compensation for all hours actually
				  worked. Alternatively, if the practice is required by the employer, the time
				  involved must be added to the employee's tour of duty and treated as
				  compensable hours of work.
29
					 CFR
					 553.225.
Iowa Administrative Code › Agency 875 - Labor Services Division › Minimum Wage › Chapter 220 - Application of the Fair Labor Standards Act to Employees of State and Local Governments › Rule 875-220.226 - Training Time

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The general
				rules for determining the compensability of training time under the federal
				Fair Labor Standards Act are set forth in
				29 CFR
				785.27 through
				785.32.
(2) While time spent in attending training
				required by an employer is normally considered compensable hours of work,
				following are situations where time spent by employees of governments in
				required training is considered to be noncompensable:
a. Attendance outside of regular working
				hours at specialized or follow-up training, which is required by law for
				certification of public and private sector employees within a particular
				governmental jurisdiction (e.g., certification of public and private emergency
				rescue workers), does not constitute compensable hours of work for public
				employees within that jurisdiction and subordinate jurisdictions.
b. Attendance outside of regular working
				hours at specialized or follow-up training, which is required for certification
				of employees of a governmental jurisdiction by law of a higher level of
				government, does not constitute compensable hours of work.
c. Time spent in the training described in
				paragraph 220.226(2)
"a"
or
"b"
is not
				compensable, even if all or part of the cost of the training is borne by the
				employer.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 1 - Purpose and Function › Rule 876-1.1 - Purpose and Function

Current through Register Vol. 47, No. 3, July 24, 2024
The function of the division of workers' compensation of the
				department of workforce development is to adjudicate the rights and duties of
				persons provided for in Iowa Code chapters 85, 85A, 85B, 86, and 87 and these
				rules, and to administer and enforce the provisions of chapters 85, 85A, 85B,
				86, and 87 and these rules. The indicated chapters provide for the rights and
				duties of persons injured in employment and the responsible employers and
				insurance carriers. The chapters are commonly referred to as the workers'
				compensation chapters of the Iowa Code. The Iowa workers' compensation
				commissioner is the executive head of the division of workers' compensation who
				serves a six-year term, appointed by the governor and confirmed by the senate.
				Two major sections within the division, compliance and adjudication, carry out
				the purpose of the division as set out by the laws of this state.
The compliance section prepares and distributes literature
				concerning the workers' compensation law, rates, judicial decisions, and
				statistics; responds to written and oral inquiries regarding the law; conducts
				conferences and training sessions; provides appropriate forms for use in
				matters under the jurisdiction of the division; establishes and monitors files
				arising from claims of work-related injuries and illness; and informs parties
				to a claim of their rights and responsibilities.
The adjudication section determines, by adjudicative means, the
				rights and liabilities of parties in a disputed claim by conducting hearings
				and rendering decisions; approving settlements in accordance with the statutes;
				and conducting appeals within the division.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 1 - Purpose and Function › Rule 876-1.2 - Location

Current through Register Vol. 47, No. 3, July 24, 2024
Interested persons may contact the Iowa Workers' Compensation
				Commissioner, 150 Des Moines Street, Des Moines, Iowa 50309; telephone
				(515)725-4120 or 1-800-645-4583. The fax number is (515)281-6501. The website
				address is
www.iowaworkcomp.gov
.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 2 - General Provisions › Rule 876-2.1 - Extending Time and Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
The workers' compensation commissioner or a deputy 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.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 2 - General Provisions › Rule 876-2.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
When appropriate, all rules shall apply to Iowa Code chapters
				85, 85A, 85B, 86 and 87.
This rule is intended to implement Iowa Code chapters 85, 85A,
				85B, 86 and 87.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 2 - General Provisions › Rule 876-2.3 - Representative Within the State

Current through Register Vol. 47, No. 3, July 24, 2024
All licensed insurers, foreign and domestic, insuring 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 and rules and shall be given the authority
				and have the responsibility to expedite the handling of all matters within the
				scope of Iowa Code chapters 85, 85A, 85B, 86, and 87.
The Iowa workers' compensation commissioner shall be advised by
				letter of the name, address, and telephone number of each of the persons so
				designated. Any change in the identity, address or telephone number of the
				persons so designated shall be reported to the Iowa workers' compensation
				commissioner within ten days after such change occurs.
This rule is intended to implement Iowa Code chapters 86 and
				87.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 2 - General Provisions › Rule 876-2.4 - Guides to Evaluation of Permanent Impairment

Current through Register Vol. 47, No. 3, July 24, 2024
The Guides to the Evaluation of 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 Code section 85.34(2)  not involving a
				determination of reduction in an employee's earning capacity. Payment so made
				shall be recognized by the workers' compensation commissioner as a prima facie
				showing of compliance by the employer or insurance carrier with the foregoing
				sections of the Iowa workers' compensation Act. Nothing in this rule shall be
				construed to prevent the presentations of other medical opinions or other
				material evidence for the purpose of establishing that the degree of permanent
				disability to which the claimant would be entitled would be more or less than
				the entitlement indicated in the Guides to the Evaluation of Permanent
				Impairment, Fifth Edition, when the reduction in earning capacity for all other
				permanent partial and permanent total disabilities is determined.
This rule is intended to implement Iowa Code sections 85.34(2)
				 and 86.8.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 2 - General Provisions › Rule 876-2.5 - Use of Workers' Compensation Electronic System (WCES) for Submission of Filings

Current through Register Vol. 47, No. 3, July 24, 2024
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 filing that is quarantined due to a virus will not be considered
				received.
(1) The division of workers'
			 compensation may grant a request for waiver of the mandatory use of WCES in
			 contested cases, pursuant to rule 876-12.4 (17A).
(2) Only a deputy workers' compensation
			 commissioner or the workers' compensation commissioner can grant a request for
			 waiver of the mandatory use of WCES in a contested case.
(3) If the division of workers' compensation
			 grants a waiver of the mandatory use of WCES in a contested case, the division
			 of workers' compensation shall file paper documents received from the filer in
			 WCES.
This rule is intended to implement Iowa Code chapters 85, 85A,
				85B and 86.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 2 - General Provisions › Rule 876-2.6 - Information to Employees

Current through Register Vol. 47, No. 3, July 24, 2024
An employer or its insurance carrier filing a final 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 implement Iowa Code sections
				85.26,
				86.8,
				86.11 and
				86.13.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 2 - General Provisions › Rule 876-2.7 - Official Record

Current through Register Vol. 47, No. 3, July 24, 2024
The electronic record made and maintained by the division of
				workers' compensation is the official record of a contested case.
This rule is intended to implement Iowa Code chapters 85, 85A,
				85B and 86.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 2 - General Provisions › Rule 876-2.8 - Document Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Pleadings, responses to pleadings, exhibits, and transcripts
				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. Transcripts submitted shall include an
				index. Filings shall not exceed 20 megabytes (MB). Documents exceeding 20 MB
				shall be divided and submitted as separate attachments to comply with this size
				limit. All filings pursuant to this rule shall be submitted via WCES unless
				otherwise ordered by the workers' compensation commissioner or a deputy
				workers' compensation commissioner. Audio or video files shall use MP3 or MP4
				format and should be submitted with a virus-scanned USB drive and shall not
				exceed 500 MB for each filing.
This rule is intended to implement Iowa Code chapters 85, 85A,
				85B and 86.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 3 - Forms › Rule 876-3.1 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The following forms are available from the division of workers'
				compensation for 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 current
				revision of the form must be used. Each form is identified by a form number.
				This form number follows each form name listed below and is used when
				requesting that specific form.
(1)
First report of injury (FROI).
The FROI contains general
			 information concerning the employee, the employer and the claimed injury. A
			 FROI is to be filed whether or not an adjudication or admission of liability
			 for the injury exists and is to be filed as provided in Iowa Code section 86.11 and 876-Chapter 11. The FROI is to be filed when demanded by the commissioner
			 pursuant to Iowa Code section 86.12 and when an employer is served with an
			 original notice and petition that alleges an injury for which a FROI has not
			 been filed. If an original notice and petition alleges multiple injury dates,
			 only one FROI should be filed, and the date of injury reported should be the
			 date the reporter uses when adjusting the claim.
(2)
Subsequent report of injury
			 (SROI).
a. The SROI provides for
			 filing of notice of commencement of payments, correcting erroneous claim
			 information, supplying additional information, denying compensability, agreeing
			 to the weekly benefit rate and agreeing to make payments under the Workers'
			 Compensation Act, reporting the status ofa claim, or recording benefits paid.
			 Notice of commencement of payments shall be filed within 30 days of the first
			 payment. When liability on a claim is denied, a letter shall be sent to
			 claimant stating reasons for denial. The SROI shall also be filed when
			 compensation is terminated or interrupted. Medical data supporting the action
			 taken shall be filed when temporary total disability or temporary partial
			 disability exceeds 13 weeks or when the employee sustains a permanent
			 disability.
b. The employer and
			 insurance carrier who are required to file medical data shall file the medical
			 data in WCES. The employer or insurance carrier or the employer's or insurance
			 carrier's agent shall register in WCES to file the medical data. The filer will
			 receive a status update for the information the filer submits based upon the
			 status the filer selects and for which the filer is approved in WCES.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.1 - Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
Contested case proceedings before the workers'
				compensation commissioner are:
(1)
			 Arbitration (Iowa Code section 86.14) .
(2) Review of award or settlement
			 (review-reopening, Iowa Code section 86.14) .
(3) Benefits under Iowa Code section
			 85.27.
(4) Death and burial benefits
			 (Iowa Code sections 85.28, 85.29, 85.31) .
(5) Determination of dependency (Iowa Code
			 sections 85.42, 85.43, 85.44) .
(6)
			 Equitable apportionment (Iowa Code section 85.43) .
(7) Second injury fund (Iowa Code section
			 85.63 et seq.).
(8) Vocational
			 rehabilitation benefits (Iowa Code section 85.70(1)) .
(9) Vocational training and education (Iowa
			 Code section 85.70(2)) .
(10)
			 Approval of fees under Iowa Code section 86.39.
(11) Commutation (Iowa Code section 85.45 et
			 seq.).
(12) Employee's
			 examination (Iowa Code section 85.39) .
(13) Rescinded IAB 2/8/23, effective
			 3/15/23.
(14) Determination of
			 compliance with Iowa Code chapters 85, 85A, 85B, 86, and 87.
(15) Applications for alternate medical care
			 (Iowa Code section 85.27) .
(16)
			 Determination of liability, reimbursement for benefits paid and recovery of
			 interest (Iowa Code section 85.21) .
(17) Interest (Iowa Code section
			 85.30) .
(18) Penalty (Iowa Code
			 section 86.13) .
(19) Application for
			 approval of third-party settlement (Iowa Code section 85.22) .
(20) Matters that would be a contested case
			 if there were a dispute over the existence of material facts.
(21) Any other issue determinable upon
			 evidential hearing which is under the jurisdiction of the workers'
			 compensation commissioner.
This rule is intended to implement Iowa Code sections 17A.2(2)
				 and 86.8 and the statutory sections noted in each category of the
				rule.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.2 - Separate Evidentiary Hearing or Consolidation of Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
A person presiding over a 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 issued before a hearing is held on the remaining issues. The
				issue determined in the separate evidentiary hearing shall be precluded at the
				hearing of the remaining issues. If the order on the separate issue does not
				dispose of the whole case, it shall be deemed interlocutory for purposes of
				appeal.
When any contested case proceeding shall be filed prior to or
				subsequent to the filing of an arbitration or review-reopening proceeding and
				is of such a nature that it is an integral part of the arbitration or
				review-reopening proceeding, it shall be deemed merged with the arbitration or
				review-reopening proceeding. No appeal to the workers' compensation
				commissioner of a deputy workers' compensation commissioner's order in such a
				merged proceeding shall be had separately from the decision in arbitration or
				review-reopening unless appeal to the commissioner from the arbitration or
				review-reopening decision would not provide an adequate remedy.
Entitlement to denial or delay benefits provided in Iowa Code
				section 86.13 shall be pled, and if pled, discovery shall be limited to matters
				discoverable in the absence of such pleading unless it is bifurcated. The
				claimant may bifurcate the denial or delay issue by filing and serving a notice
				of bifurcation at any time before a case is assigned for hearing, in which case
				discovery on that issue may proceed only after the final decision of the agency
				on all other issues.
This rule is intended to implement Iowa Code sections 86.13,
				86.18 and 86.24.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.3 - Compliance Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
If the workers' compensation commissioner shall have 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 purpose of determining whether or not
				there has been compliance by the person or entity. The notice shall state the
				time and place of the hearing and a brief statement of the matters to be
				considered. The notice of hearing may be given by ordinary mail or by WCES if
				the alleged noncompliant person or entity is registered in WCES and is
				currently participating in a contested case using WCES and may be given to the
				insurer for the employer in lieu of the employer as permitted by Iowa Code
				section 87.10 if the insurer has filed a report, pleading or motion that
				acknowledges that it is the insurer for the claim at issue. Following the
				hearing, the workers' compensation commissioner or a deputy workers'
				compensation commissioner may issue a finding regarding compliance. In the
				event a failure to comply is found, the workers' compensation commissioner may
				impose sanctions in accordance with Iowa Code section 86.12, 86.13 or 86.13A or
				order compliance within a specified time and under specified circumstances. The
				workers' compensation commissioner may file a certified copy of the order in an
				appropriate district court and may file a certified copy of the order with the
				Iowa insurance division of the department of commerce with a request for action
				by the insurance division upon failure to comply with the order.
Nothing in this rule shall prevent the workers' compensation
				commissioner from conducting an informal conference with any person or entity
				concerning problems of compliance prior to the initiation of a compliance
				proceeding.
This rule is intended to implement Iowa Code chapters 85, 85A,
				86 and 87.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.4 - Request for Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
A hearing shall not be held in proceedings under subrules
				4.1(8) to 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.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.5 - Commencement by the Workers' Compensation Commissioner

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to an aggrieved 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 to commence a proceeding under subrule 4.1(14), unless such
				authority is specifically delegated by the workers' compensation commissioner
				to a deputy workers' compensation commissioner concerning a specific
				matter.
This rule is intended to implement Iowa Code chapter
				86.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.7 - Delivery of Notice, Orders, Rulings and Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
Delivery of the original notice shall 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 workers' compensation to any party by regular
				mail, by email or by WCES. Filing of a notice, ruling and decision in WCES is
				the official filing and start of any appeal or motion deadline.
This rule is intended to implement Iowa Code sections 85.3 and
				17A.12.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.10 - Insurance Carrier as a Party

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever any insurance carrier shall issue a policy with a
				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.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.11 - Signatures on Documents and Papers

Current through Register Vol. 47, No. 3, July 24, 2024
All documents and papers required by these rules, 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 rules, the Iowa Rules of Civil
				Procedure as applicable, and any statutory provision. Iowa R. Elec. P. 16.305
				concerning signatures is applicable to WCES.
This rule is intended to implement Iowa Code section
				17A.12.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.12 - Service on Parties

Current through Register Vol. 47, No. 3, July 24, 2024
Any document or paper not delivered under rules
				876-4.6(85,86,17A) 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 and 86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.13 - Method of Service

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in rules 876-4.6 (85,86,17A) and
				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' compensation commissioner. Service
				upon the attorney or party shall be made using WCES once a party or party's
				attorney has registered in WCES for the claim being contested. If a party has
				been granted a waiver of the mandatory use of WCES or if a party or attorney
				has not appeared in WCES, service upon the attorney or party shall be made by
				delivery of a copy or mailing a copy to the last-known address of the attorney
				or party or, if no address is known, by filing a copy with the division of
				workers' compensation. Delivery of a copy within this rule means handing it to
				the attorney or party; leaving it at the office of the attorney or party's
				office or with the person in charge of the office; or if there is no one in
				charge of the office, leaving it in a conspicuous place in the office; or if
				the office is closed or the person to be served has no office, leaving it at
				the person's dwelling house, or usual place of abode with some person of
				suitable age and discretion who is residing at the dwelling or abode. Service
				by mail under this rule is complete upon mailing. Documents that are served on
				a party for discovery and medical evidence under rules 876-4.14 (86) and
				876-4.18(17A,85,86) shall not be filed with the division of workers'
				compensation. No documents or 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.