reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time frames for action.
Within 30 days after receipt of a
			 petition for a declaratory order, the workers' compensation commissioner or the
			 commissioner's designee shall take action on the petition as required by Iowa
			 Code section 17A.9(5).
(2)
Date of issuance of
			 order.
The date of issuance of an order or of a refusal to issue an
			 order is the date the order or refusal is filed unless another date is
			 specified in the order.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 workers' compensation commissioner shall not issue a declaratory order where
			 prohibited by Iowa Code section
			 17A.9(1), and
			 may refuse to issue a declaratory order on some or all questions raised for the
			 following reasons:
1. The petition does not
			 substantially comply with the required form.
2. The petition does not contain facts
			 sufficient to demonstrate that the petitioner will be aggrieved or adversely
			 affected by the failure of the workers' compensation commissioner to issue an
			 order
3. The workers' compensation
			 commissioner does not have jurisdiction over the questions presented in the
			 petition.
4. The questions
			 presented by the petition are also presented in a current rule making,
			 contested case, or other agency or judicial proceeding, that may definitively
			 resolve them.
5. The questions
			 presented by the petition would more properly be resolved in a different type
			 of proceeding or by another body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge an agency decision already
			 made.
9. The petition requests a
			 declaratory order that would necessarily determine the legal rights, duties, or
			 responsibilities of other persons who have not joined in the petition,
			 intervened separately, or filed a similar petition and whose position on the
			 questions presented may fairly be presumed to be adverse to that of
			 petitioner
10. The petitioner
			 requests the workers' compensation commissioner to determine whether a statute
			 is unconstitutional on its face.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.10 - Contents of Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the ruling itself, a declaratory order must
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its
				conclusion.
A declaratory order is effective on the date of
				issuance.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the
				workers' compensation commissioner, the petitioner, and any intervenors who
				consent to be bound and is applicable only in circumstances where the relevant
				facts and the law involved are indistinguishable from those on which the order
				was based. As to all other persons, a declaratory order serves only as
				precedent and is not binding on the workers' compensation commissioner The
				issuance of a declaratory order constitutes final agency action on the
				petition.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 6 - Settlements and Commutations › Rule 876-6.1 - Settlements Under Iowa Code Section 85.35

Current through Register Vol. 47, No. 3, July 24, 2024
All proposed settlements shall be submitted to the workers'
				compensation commissioner for approval. An agreement for settlement pursuant to
				Iowa Code section 85.35(2)  shall be on Form 14-0021. A compromise settlement
				pursuant to Iowa Code section 85.35(3)  shall be on Form 14-0025. A combination
				settlement pursuant to Iowa Code section 85.35(4)  shall be on Form 14-0159. A
				contingent settlement pursuant to Iowa Code section 85.35(5)  shall be on Form
				14-0161.
(1) Evidence that a
			 settlement should be approved as required by Iowa Code section 85.35(7)  shall
			 accompany the settlement or be incorporated into the settlement forms. It is
			 presumed that the showing required by Iowa Code section 85.35(7)  has been made
			 if the claimant is represented by an attorney licensed to practice law in this
			 state.
(2) The documents for a
			 compromise settlement shall identify either the specific date or dates of
			 injury or the specific injurious condition or conditions, or both. The
			 documents for a compromise settlement, including any addendum to the documents,
			 shall not contain any language that either expressly states or implies that the
			 proposed compromise settlement is a final settlement of any and all injuries,
			 known or unknown, that an employee may have sustained while employed by the
			 employer. If a compromise settlement is submitted that does not comply with
			 this subrule, the workers' compensation commissioner shall return the proposed
			 compromise settlement to the party that submitted it.
(3) Approval of a compromise settlement
			 pursuant to Iowa Code section 85.35(3)  is a final bar to rights under the Iowa
			 workers' compensation law, and the approved compromise settlement is not
			 subject to review under Iowa Code section 85.26(2).
(4) Nothing in this rule shall prohibit the
			 approval of settlements in other appropriate cases when allowed by Iowa Code
			 section 85.35(7).
This rule is intended to implement Iowa Code section
				85.35.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 6 - Settlements and Commutations › Rule 876-6.2 - Commutation

Current through Register Vol. 47, No. 3, July 24, 2024
The following requirements must be met before a commutation
				will be considered or granted:
(1) A
			 first report of injury, an acknowledgment of compensability and an updated
			 supplemental claim activity report must be filed.
(2) The commutation forms provided for in
			 876-6.4 (85,86) must be filed.
(3)
			 All doctors' and practitioners' reports relevant to the disability of the
			 claimant involved in the commutation must be attached to the commutation
			 forms.
(4) Claimant's condition as
			 a result of the injury as shown by the medical reports cannot be one which will
			 be expected to deteriorate. When a partial commutation is sought, this subrule
			 shall diminish in importance.
(5)
			 Claimant's condition as a result of the injury shown by the doctors' and
			 practitioners' reports cannot be one which will be expected to require future
			 treatment unless the future treatment is adequately provided for. When a
			 partial commutation is sought, this subrule shall diminish in
			 importance.
(6) A detailed
			 statement of claimant's need or other reason for a lump sum of money must be
			 attached to the application. The analysis shall include disclosure of any
			 attorney fee and case expense amount to be paid from the full commutation. If
			 all parties are represented by an attorney, the parties may waive the statement
			 of need, unless the case involves a dependent who is a minor.
(7) When multiple dependents are involved, a
			 signed stipulation or order of apportionment identifying the proportion of
			 benefits to be received by each dependent shall be attached to the commutation
			 form.
(8) A signed stipulation as
			 to the degree of permanent disability shall be attached to the commutation
			 form.
(9) If all parties are
			 represented by an attorney, a commutation of benefits is presumed to be in the
			 best interests of the claimant.
(10) If all parties are represented by an
			 attorney, the parties may stipulate to the definitely determined period of
			 compensation.
This rule is intended to implement Iowa Code sections 85.45 and
				85.47.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 6 - Settlements and Commutations › Rule 876-6.4 - Forms for Commutation

Current through Register Vol. 47, No. 3, July 24, 2024
Form No. 9 (14-0013) shall be used for a full commutation. Form
				No. 9A (14-0017) shall be used for a partial commutation. See rule
				876-3.1 (17A) for description of
				these forms.
This rule is intended to implement Iowa Code sections
				85.45 and
				85.47.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 6 - Settlements and Commutations › Rule 876-6.5 - Statement of Awareness

Current through Register Vol. 47, No. 3, July 24, 2024
When a petition for settlement under Iowa Code section 85.35(3)
				 or commutation is submitted, it shall contain or be accompanied by a verified
				statement from the injured employee indicating awareness that, upon approval by
				the workers' compensation commissioner of the settlement or commutation, a
				final bar to future claims or benefits under the Iowa workers' compensation law
				for such injury shall exist except as specifically reserved in any
				agreement.
This rule is intended to implement Iowa Code sections 85.35,
				85.45, and 85.47.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 6 - Settlements and Commutations › Rule 876-6.6 - Twenty-page Limitation

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise ordered by the workers' compensation
				commissioner or deputy workers' compensation commissioner, an application for
				approval of a settlement or an original notice and petition for approval of a
				commutation or partial commutation shall not be accepted for filing if
				accompanied by documentation in excess of 20 pages. An order approving a
				settlement or an original notice and petition for commutation or partial
				commutation accompanied by documentary evidence in excess of 20 pages is
				nevertheless valid, and is neither void nor voidable.
This rule is intended to implement Iowa Code sections
				85.35,
				85.47,
				86.13 and
				86.27.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 6 - Settlements and Commutations › Rule 876-6.7 - Claimant Statement

Current through Register Vol. 47, No. 3, July 24, 2024
When the claimant is not represented by counsel, a claimant's
				statement on Form 14-0163, which the claimant has personally completed,
				certified and signed, must be submitted with all settlement and commutation
				forms and documents.
This rule is intended to implement Iowa Code sections 85.35 and
				86.8.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 6 - Settlements and Commutations › Rule 876-6.8 - Failure to Timely File Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
If a party notifies the workers' compensation commissioner that
				a matter scheduled for a hearing has been settled and the matter is removed
				from the hearing schedule, the proposed settlement shall be filed with the
				workers' compensation commissioner within 60 days of the notification. A party
				may, within 60 days of the notification, request an extension of time to file
				the settlement documents. If the settlement documents are not timely filed, the
				matter will be reassigned for hearing in Des Moines at a date determined by the
				workers' compensation commissioner and the parties cannot request that the
				matter be rescheduled. Any matter rescheduled because settlement documents were
				not timely filed shall not again be removed from the hearing schedule because a
				party notifies the workers' compensation commissioner of a settlement.
This rule is intended to implement Iowa Code sections 85.35,
				85.47, 85.48, 86.8, 86.13 and 86.27.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 7 - Petition for Rule Making › Rule 876-7.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "designate office" insert "the
				Division of Workers' Compensation, Department of Workforce
				Development, 150 Des Moines Street, Des Moines, Iowa 50309."
In lieu of the words "AGENCY NAME", the heading on
				the petition form should read:
BEFORE THE DIVISION OF WORKERS'
				COMPENSATION
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 7 - Petition for Rule Making › Rule 876-7.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for
				rule making may be made to the Division of Workers' Compensation,
				Department of Workforce Development, 150 Des Moines Street, Des
				Moines, Iowa 50309.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.1 - Transportation Expense

Current through Register Vol. 47, No. 3, July 24, 2024
Transportation expense as provided in Iowa Code sections 85.27 and 85.39 shall include but not be limited to the following:
1. The cost of public transportation if
			 tendered by the employer or insurance carrier.
2. All mileage incident to the use of a
			 private auto. The per-mile rate shall be the rate allowed by the Internal
			 Revenue Service for the business standard mileage rate in effect on July 1 of
			 each year.
3. Meals and lodging if
			 reasonably incident to the examination.
4. Taxi fares or other forms of local
			 transportation if incident to the use of public transportation.
5. Ambulance service or other special means
			 of transportation if deemed necessary by competent medical evidence or by
			 agreement of the parties.
Transportation expenses in the form of reimbursement for
				mileage which is incurred in the course of treatment or an examination, except
				under Iowa Code section 85.39, shall be payable at such time as 50 miles or
				more have accumulated or upon completion of medical care, whichever occurs
				first. Reimbursement for mileage incurred under Iowa Code section 85.39 shall
				be paid within a reasonable time after the examination.
The workers' compensation commissioner or a deputy workers'
				compensation commissioner may order transportation expenses to be paid in
				advance of an examination or treatment. The parties may agree to the advance
				payment of transportation expenses.
This rule is intended to implement Iowa Code sections 85.27 and
				85.39.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.2 - Overtime

Current through Register Vol. 47, No. 3, July 24, 2024
The word "overtime" as used in Iowa Code section
				85.61 means amounts due in
				excess of the straight time rate for overtime hours worked. Such excess amounts
				shall not be considered in determining gross weekly wages within Iowa Code
				section 85.36. Overtime hours at the
				straight time rate are included in determining gross weekly earnings.
This rule is intended to implement Iowa Code sections
				85.36 and
				85.61.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.4 - Salary in Lieu of Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
The excess payment made by an employer in lieu of compensation
				which exceeds the applicable weekly compensation rate shall not be construed as
				advance payment with respect to either future temporary disability, healing
				period, permanent partial disability, permanent total disability or
				death.
This rule is intended to implement Iowa Code sections
				85.31,
				85.34,
				85.36,
				85.37 and
				85.61.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.5 - Appliances

Current through Register Vol. 47, No. 3, July 24, 2024
Appliances are defined as hearing aids, corrective lenses,
				orthodontic devices, dentures, orthopedic braces, or any other artificial
				device used to provide function or for therapeutic purposes.
Appliances which are for the correction of a condition
				resulting from an injury or appliances which are damaged or made unusable as a
				result of an injury or avoidance of an injury are compensable under Iowa Code
				section 85.27.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.6 - Calendar Days-decimal Equivalent

Current through Register Vol. 47, No. 3, July 24, 2024
Weekly compensation benefits payable under Iowa Code chapters
				85 and 85 A are based upon a seven-day calendar week. Each day of weekly
				compensation benefits due may be paid by multiplying the employee's weekly
				compensation benefit rate by the decimal equivalents of the number of days as
				follows:
1 day =.143 x weekly rate
2 days =.286 x weekly rate
3 days =.429 x weekly rate
4 days =.571 x weekly rate
5 days =.714 x weekly rate
6 days =.857 x weekly rate
This rule is intended to implement Iowa Code sections
				85.31,
				85.33 and
				85.34.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.7 - Short Paper

Current through Register Vol. 47, No. 3, July 24, 2024
All paper filings before the workers' compensation commissioner
				shall be on white paper measuring 8½ inches by 11 inches.
This rule is intended to implement Iowa Code section
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.8 - Payroll Tax Tables

Current through Register Vol. 47, No. 3, July 24, 2024
Tables for determining payroll taxes to be used for the period
				July 1, 2022, through June 30, 2023, are the tables in effect on July 1, 2022,
				for computation of:
1. Federal income
			 tax withholding according to the percentage method of withholding for weekly
			 payroll period. (Federal Income Tax Withholding Methods, Publication 15-T
			 [2021].)
2. Iowa individual income
			 tax withholding formula. (Iowa Department of Revenue [Effective January 1,
			 2022].)
3. Social Security and
			 Medicare withholding (FICA) at the rate of 7.65 percent. (Internal Revenue
			 Service, Circular E, Employer's Tax Guide, Publication 15 [2021].)
This rule is intended to implement Iowa Code section
				85.61(6).
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.9 - Rate Determination

Current through Register Vol. 47, No. 3, July 24, 2024
When determining the rate of weekly compensation benefits for a
				contested case proceeding, the parties to the case shall use the ratebook in
				effect on the date of the claimant's injury published by the division of
				workers' compensation at
www.iowaworkcomp.gov/ratebook
.
This rule is intended to implement Iowa Code chapter
				85.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.10 - Exchange of Records

Current through Register Vol. 47, No. 3, July 24, 2024
Whether or not a contested case has been commenced, upon the
				written request of an employee or the representative of an employee who has
				alleged an injury arising out of and in the course of employment, an employer
				or insurance carrier shall provide the claimant a copy of all records and
				reports in its possession generated by a medical provider.
Whether or not a contested case has been commenced, upon the
				written request of the employer or insurance carrier against which an employee
				has alleged an injury arising out of and in the course of employment, the
				employee shall provide the employer or insurance carrier with a patient's
				waiver. See rules 876-3.1 (17A) and 876-4.6 (85,86,17A) for the waiver form used
				in contested cases. Claimant shall cooperate with the employer and insurance
				carrier to provide patients' waivers in other forms and to update patients'
				waivers where requested by a medical practitioner or institution.
A medical provider or its agent shall furnish an employer or
				insurance carrier copies of the initial as well as final clinical assessment
				without cost when the assessments are requested as supporting documentation to
				determine liability or for payment of a medical provider's bill for medical
				services. When requested, a medical provider or its agent shall furnish a
				legible duplicate of additional records or reports. Except as otherwise
				provided in this rule, the amount to be paid for furnishing duplicates of
				records or reports shall be the actual expense to prepare duplicates not to
				exceed: $20 for 1 to 20 pages; $20 plus $1 per page for 21 to 30 pages; $30
				plus $.50 per page for 31 to 100 pages; $65 plus $.25 per page for 101 to 200
				pages; $90 plus $.10 per page for more than 200 pages, and the actual expense
				of postage. No other expenses shall be allowed.
EXAMPLE 1. For 7 pages of records the amount to be paid for
				furnishing duplicates shall not exceed $20.
EXAMPLE 2. For 28 pages of records the amount to be paid for
				furnishing duplicates shall not exceed $28 ($20 plus (8 times $1)).
EXAMPLE 3. For 41 pages of records the amount to be paid for
				furnishing duplicates shall not exceed $35.50 ($30 plus (11 times
				$.50)).
EXAMPLE 4. For 127 pages of records the amount to be paid for
				furnishing duplicates shall not exceed $71.75 ($65 plus (27 times
				$.25)).
EXAMPLE 5. For 210 pages of records the amount to be paid for
				furnishing duplicates shall not exceed $91 ($90 plus (10 times $.10)).
This rule is intended to implement Iowa Code sections 85.27,
				85.31, 85.33 to 85.37, 85.39, 85.61, 86.8, 86.10, 86.18 and
				86.39.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 8 - Substantive and Interpretive Rules › Rule 876-8.12 - Offer of Suitable Work

Current through Register Vol. 47, No. 3, July 24, 2024
The employer shall communicate an offer of temporary work to
				the employee in writing, including the details of lodging, meals, and
				transportation. With each offer of temporary work, the employer shall notify
				the employee in writing that:
1. If
			 the employee refuses the offer of temporary work, the employee shall
			 communicate the refusal and the reason for the refusal to the employer in
			 writing;
2. During the period of
			 refusal, the employee will not be compensated with temporary partial, temporary
			 total, or healing period benefits unless the work refused is not suitable;
			 and
3. Failure to communicate the
			 reason for the refusal to the employer in writing precludes the employee from
			 raising suitability of the work as the reason for the refusal until such time
			 as the reason for the refusal is communicated in writing to the employer.
This rule is intended to implement Iowa Code section
				85.33.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency."
In lieu of the words "(official or
				body issuing these rules)", insert "the division of workers' compensation of
				the department of workforce development".
"Open record"
means a record other than a
				confidential record, including but not limited to the record of declaratory
				rulings, declaratory orders, contested case proceedings, decisions, orders,
				rulings, settlements, and opinions of the agency.
"Person"
means an individual, corporation,
				government or governmental subdivision or agency, business, trust, estate,
				partnership or association, or any other legal entity.
"Personally identifiable information."
In lieu
				of the word "individual", insert the word "person".
"Record system"
means any group of records
				under the control of the agency from which a record may be retrieved by a
				personal identifier such as the name of a person, number, symbol, or other
				unique retriever assigned to a person and all records that are not retrievable
				by a personal identifier
"Subject"
means that person identified in a
				record.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of
			 record.
In lieu of the words "(insert agency head)", insert
			 "commissioner". Also, in lieu of the words "(insert agency name and
			 address)", insert "Division of Workers' Compensation, 150 Des Moines
			 Street, Des Moines, Iowa 50309".
(2)
Office hours.
In lieu of the words "(insert customary office hours and, if agency
			 does not have customary office hours of at least thirty hours per
			 week, insert hours specified in Iowa Code section 22.4) ", insert
			 "which are 8 a.m. to 4:30 p.m. daily, excluding Saturdays, Sundays,
			 and legal holidays".
(7)
Fees.
c.
Search and supervisory fee.
An hourly fee may be
			 charged for actual agency expenses in searching for and supervising
			 the examination and copying of the requested records if the time
			 required for each of these services exceeds one-quarter hour. The fee
			 shall be based upon the pay scale of the employee involved and other
			 actual costs incurred. The custodian shall prominently post in the
			 agency offices the hourly fees to be charged.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Insert immediately following ". . . official record
				of any agency proceeding." the following sentence: "Any additions,
				dissents, or objections entered into the record shall not be
				considered evidence in a contested case proceeding." In lieu of the
				words "(designate office)", insert "the Division of Workers'
				Compensation, 150 Des Moines Street, Des Moines, Iowa
				50309".
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.8 - Notice to Suppliers of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Insert a new paragraph as follows:
"Information provided under this rule may constitute an open
				record. The information supplied will be used to administer Iowa Code chapters
				85 to 87 and this agency's rules. The information may be provided to parties to
				contested case proceedings and their representatives, employers, employees,
				insurance carriers, federal, state, and local agencies, and other persons
				having a legitimate interest in the information. All of the information
				requested is required to be supplied unless the request specifies otherwise.
				Failure to provide the information requested may result in the sanctions
				provided in Iowa Code chapters 85 to 87 and this agency's rules. See
				876-Chapter 3 for forms used by this agency."
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.9 - Disclosure Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records are routinely disclosed
			 without the consent of the subject.
(2) If the agency is prohibited from
			 disclosing part of a document from inspection, that part will not be disclosed
			 and the remainder will be made available for inspection.
(3) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 9.10(17A,22,85-87) or in any notice for a particular record
			 system.
b. To a recipient who has
			 provided the agency with advance written assurance that the record will be used
			 solely as a statistical research or reporting record; provided that the record
			 is transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of the
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To a
			 person pursuant to a showing of compelling circumstances affecting the health
			 or safety of any individual if a notice of the disclosure is transmitted to the
			 last-known address of the subject.
e. To the legislative services agency under
			 Iowa Code section 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
			 "Routine use" means the disclosure of a record without the consent of the
			 subject or subjects, for a purpose which is compatible with the purpose for
			 which the record was collected. It includes disclosures required to be made by
			 statute other than the public records law, Iowa Code chapter 22.
(2) To the extent allowed by law, the
			 following uses are considered routine uses of all agency records:
a. Disclosure to the officers, employees, and
			 agents of the agency who have a need for the record in the performance of their
			 duties. The custodian of the record may, upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order.
c. Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
d. Transfers of information within the
			 agency, to other state agencies, or to local and federal units of government as
			 appropriate to administer the program for which the information is
			 collected.
e. Information released
			 to staff of federal and state entities for audit purposes or for purposes of
			 determining whether the agency is operating a program lawfully.
f. Disclosure to the public upon request. The
			 custodian of the record may upon request, or on the custodian's own initiative,
			 determine what constitutes legitimate need to use a record.
g. Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.11 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 subject of a confidential record may file a written request to review
			 confidential records about that subject as provided in rule 9.6(17A,22,85-87).
			 However, the agency need not release the following records to the subject:
a. The identity of a person providing
			 information to the agency need not be disclosed directly or indirectly to the
			 subject of the information when the information is authorized to be held
			 confidential pursuant to Iowa Code section
			 22.7(18)  or
			 other provision of law.
b. Records
			 need not be disclosed to the subject when they are the work product of the
			 workers' compensation commissioner, deputy commissioner, an agency attorney, or
			 employee of the agency, or what would otherwise be privileged.
c. Peace officers' investigative reports may
			 be withheld from the subject, except as required by Iowa Code section
			 22.7(5).
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.12 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) General. Agency
			 records are open for public inspection and copying unless otherwise provided by
			 rule or law.
(2) The record of
			 declaratory rulings, declaratory orders, contested case proceedings, decisions,
			 orders, rulings, settlements, and opinions are open for public inspection and
			 copying.
(3) Records obtained from
			 the division of vocational rehabilitation are open records.
(4) Confidential records. The following
			 records may be withheld from public inspection. Records are listed by category,
			 according to the legal basis for withholding them from public inspection.
a. Sealed bids received prior to the time set
			 for public opening of bids pursuant to Iowa Code section 72.3.
b. Tax records made available to the agency
			 pursuant to Iowa Code sections 422.20, 422.72.
c. Records which are exempt from disclosure
			 under Iowa Code section 22.7.
d.
			 Minutes and tape recordings of closed meetings of a government body pursuant to
			 Iowa Code section 21.5(4).
e. Those
			 portions of agency staff manuals, instructions, or other statements issued
			 which set forth criteria or guidelines to be used by agency staff in auditing,
			 in making inspections, in settling commercial disputes or negotiating
			 commercial arrangements, or in the selection or handling of cases, such as
			 operational tactics or allowable tolerances or criteria for the defense,
			 prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency.
f. Records which constitute the work product
			 of the workers' compensation commissioner, a deputy workers' compensation
			 commissioner, an agency attorney, or an employee of the agency; attorney-client
			 communications; or which are otherwise privileged. Attorney work product is
			 confidential under Iowa Code sections 22.7(4), 622.10, and 622.11; Iowa R. Civ.
			 P. 122(c); Fed. R. Civ. P. 26(b)(3); and case law. Attorney-client
			 communications are confidential under Iowa Code sections 622.10 and 622.11, the
			 rules of evidence, the Code of Professional Responsibility, and case
			 law.
g. Personnel records
			 maintained by the agency of past and present employees which may contain
			 confidential information under Iowa Code section 22.7(11).
h. Any other records made confidential by
			 law.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 9 - Public Records and Fair Information Practices › Rule 876-9.14 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about persons by that person's name or other
			 personal identifier
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of or access to, records in the possession of the agency which are
			 governed by the rules of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject, person or party to such litigation or proceedings shall be governed by
			 applicable legal and constitutional principles, statutes, rules of discovery,
			 evidentiary privileges, and applicable rules of the agency.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 11 - Electronic Data Interchange (EDI) › Rule 876-11.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to 876-Chapter 3 and this
				chapter.
"EDI"
or
"electronic data interchange
				"
means electronic transmission or reception, or both, of data through
				a telecommunications process utilizing a value-added network or the Internet as
				set forth in the EDI partnering agreement.
"EDIpartnering agreement"
means the written
				agreement between an entity and the division of workers' compensation
				specifying the terms and manner of reporting by EDI.
"Filed"
means receipt and acceptance of
				areport by the division of workers' compensation. A report is considered to be
				"filed" on the date it is accepted (TA) by the division of workers'
				compensation. A report that is submitted but rejected (TR) is not considered
				"filed."
"Report"
means a first report of injury (FROI)
				or a subsequent report of injury (SROI), or both.
"Reporter"
means the person who is responsible
				for reporting to the division of workers' compensation pursuant to the Iowa
				workers' compensation laws and includes an employer, an employer who has been
				relieved from insurance pursuant to Iowa Code section
				87.11,
				and an insurance carrier which provides an employer workers' compensation
				insurance.
"Reporting "
means submission of claims data
				and data fields of information of a report.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 11 - Electronic Data Interchange (EDI) › Rule 876-11.3 - Form of Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
The format of EDI reporting must be the current version of the
				International Association of Industrial Accident Boards and Commissions
				(IAIABC) Release 3.1 FROI/SROI.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 11 - Electronic Data Interchange (EDI) › Rule 876-11.5 - Voluntary Reporting Deadline

Current through Register Vol. 47, No. 3, July 24, 2024
All reporters must either sign an EDI partnering agreement or
				submit an implementation plan by December 1, 1999. The division of workers'
				compensation must approve implementation plans.
The implementation plans must be approved before January 1,
				2000.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 11 - Electronic Data Interchange (EDI) › Rule 876-11.6 - Mandatory Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
All reporters are responsible for reporting by EDI 3.1. A
				reporter may contract with another entity for reporting, but the reporter is
				ultimately responsible for reporting. Each reporter or entity reporting on
				behalf of a reporter must sign an EDI partnering agreement.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 11 - Electronic Data Interchange (EDI) › Rule 876-11.7 - Required Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A reporter
			 shall file reports as required by Iowa Code sections
			 86.11,
			 86.12, and
			 86.13,
			 876-subrules 3.1(1) and 3.1(2), this chapter and the partnering agreement.
			 Reports required to be filed include, but are not limited to, the following:
a. First report of injury (FROI). See
			 876-subrule 3.1(1);
b. Subsequent
			 report of injury (SROI). See 876-subrule 3.1(2);
c. Annual report on every claim that is open
			 on June 30 each year. The annual report shall show all benefits paid since the
			 claim was initiated through June 30 of the current year. A final report shall
			 be filed in lieu of the annual report if the claim is closed and the final
			 report is filed before the date when the annual report is scheduled to be
			 filed; and
d. Final report filed at
			 the time the claim is closed. The final report indicates that no further
			 benefit payments are contemplated.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 12 - Formal Review and Waiver of Rules › Rule 876-12.1 - Requests to Review

Current through Register Vol. 47, No. 3, July 24, 2024
Any interested person, association, agency, or political
				subdivision may submit a written request to the workers' compensation
				commissioner requesting the agency to conduct a formal review of a specified
				rule. Upon approval of that request by the workers' compensation commissioner,
				the agency shall conduct a formal review of a specified rule to determine
				whether a new rule should be adopted instead or the rule should be amended or
				repealed. The agency may refuse to conduct a review if it has conducted such a
				review of the specified rule within five years prior to the filing of the
				written request.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 12 - Formal Review and Waiver of Rules › Rule 876-12.2 - Review of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
In conducting the formal review, the agency shall prepare
				within a reasonable time a written report summarizing its findings, its
				supporting reasons, and any proposed course of action. The report must include
				a concise statement of the agency's findings regarding the rule's effectiveness
				in achieving its objectives, including a summary of any available supporting
				data. The report shall also concisely describe significant written criticisms
				of the rule received during the previous five years, including a summary of any
				petitions for waiver of the rule received by the agency or granted by the
				agency. The report shall describe alternative solutions to resolve the
				criticisms of the rule, the reasons any were rejected, and any changes made in
				the rule in response to the criticisms as well as the reasons for the changes.
				A copy of the agency's report shall be sent to the administrative rules review
				committee and the administrative rules coordinator The report must also be
				available for public inspection.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 12 - Formal Review and Waiver of Rules › Rule 876-12.3 - Form of Criticism

Current through Register Vol. 47, No. 3, July 24, 2024
The division of workers' compensation is designated
				as the office where interested persons may submit written criticism
				regarding an administrative rule of the Workers' Compensation
				Division[876]. Written criticism should be mailed or delivered to the
				Division of Workers' Compensation, 150 Des Moines Street, Des Moines,
				Iowa 50309. A criticism of a specific rule must be more than a mere
				lack of understanding of a rule or a dislike regarding the rule. To
				constitute a criticism of a rule, the criticism must be in writing,
				indicate it is a criticism of a specific rule, be signed by the
				complainant, not be part of any other filing with the workers'
				compensation commissioner or department of workforce development, and
				have a valid legal basis for support. All criticisms received on any
				rule will be kept in a separate record for a period of five years by
				the workers' compensation commissioner and be a public record open
				for public inspection. All criticisms must substantially conform to
				the following form:
BEFORE THE WORKERS' COMPENSATION COMMISSIONER
Click here to view
				Image
Reasons for criticism:
Name, address, telephone number and signature of
				person submitting criticism.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 12 - Formal Review and Waiver of Rules › Rule 876-12.4 - Requests for Waiver of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for waiver of a rule in the Workers'
				Compensation Division[876] of the Iowa Administrative Code shall be
				made to the Workers' Compensation Commissioner, 150 Des Moines
				Street, Des Moines, Iowa 50309. All requests for waiver of a rule
				must be in writing and are a public record open for inspection. The
				person requesting the waiver must submit all facts relied upon in
				requesting the waiver. The person requesting waiver of the rule must
				provide clear and convincing evidence that compliance with the rule
				will create an undue hardship on the person requesting the waiver. A
				concise memorandum brief and argument, if any is filed, shall be
				attached to the request for waiver at the time the request is filed.
				The workers' compensation commissioner shall grant or deny the waiver
				within 60 days of the date the request is filed with the agency. The
				workers' compensation commissioner shall deny the request if the
				request is for waiver of a statute. If the request for waiver relates
				to a time requirement of a rule, the request must be received before
				the time specified in the rule has expired. The workers' compensation
				commissioner may deny the request if the request does not comply with
				the provisions of this rule. All requests for waiver must
				substantially conform to the following form:
BEFORE THE WORKERS' COMPENSATION COMMISSIONER
Click here to view
				Image
Reasons for requesting waiver:
Name, address, telephone number and signature of
				person submitting waiver request.