Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 10 - Informal Dispute Resolution Procedures › Rule 876-10.1 - Informal Dispute Resolution Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The workers' compensation commissioner or the workers'
				compensation commissioner's designee (hereinafter collectively referred to as
				the workers' compensation commissioner) shall be available to resolve disputes
				relating to the Iowa workers' compensation law (Iowa Code chapters 85, 85A,
				85B, 86, and 87) prior to the initiation of a contested case proceeding.
				Persons are encouraged to utilize the informal procedure provided herein so
				that a settlement may be reached between the parties without the necessity of a
				contested case proceeding. Informal procedures may be initiated as requested by
				any party either before or after a first report of injury has been filed. After
				a first report of injury is filed with the workers' compensation commissioner,
				a letter is provided to the injured employee. That letter includes an
				explanation of the function of the office of the workers' compensation
				commissioner, an explanation of informal dispute resolution procedures and
				information contained on the first report of injury. Additionally, even where a
				first report of injury is not on file, any party who elects to engage in
				informal dispute resolution may contact the workers' compensation commissioner
				by telephone or mail for information regarding the claim. Documentation
				regarding the claim may be submitted to or requested by the workers'
				compensation commissioner The workers' compensation commissioner may respond to
				the parties either by telephone or, when appropriate, in writing regarding the
				information sought by the parties.
The informal procedures described in these rules are designed
				to be flexible enough to resolve any issue that any party believes is amenable
				to informal dispute resolution or that with the consent of the workers'
				compensation commissioner should be made the subject of informal dispute
				resolution procedures.
(1) Nondisputed
			 matters. If the parties agree that the claimant is correctly compensated and
			 all benefits due and owing have been or will be paid, the parties need not file
			 any other pleading or document with the workers' compensation commissioner
			 except that claims activity reports must be filed in accordance with rule
			 876-3.1 (17A).
(2) Disputed matters. In the event the
			 parties dispute whether the claimant is entitled to compensation or whether the
			 claimant has received all benefits to which the claimant was entitled, then the
			 parties to the dispute may elect to engage in the informal dispute resolution
			 procedures described herein.
(3)
			 Notification of election, statute of limitations. Within the time a claimant
			 may file an original proceeding with the workers' compensation commissioner,
			 either party to a disputed claim may notify the workers' compensation
			 commissioner of the desire to engage in an informal proceeding to resolve the
			 dispute. If the dispute cannot be resolved informally, claimant will have the
			 right to file an original notice and petition to commence a contested case
			 proceeding as provided by 876-Chapter 4. An election to engage in informal
			 dispute resolution procedures will not toll the statute of limitations for
			 filing an original notice and petition.
(4) Good faith effort to resolve disputes.
			 Before the parties will be allowed to elect any alternative dispute resolution
			 procedures including those identified in rules
			 876-4.40 (73GA,ch1261) and
			 876-4.46 (17A,85,86), they must
			 make a good faith effort to resolve their dispute. The parties may file a
			 professional statement signed by all parties and their representatives or an
			 affidavit by an unrepresented party filed with the workers' compensation
			 commissioner attesting to the good faith attempts to settle the dispute prior
			 to utilizing the procedures described in these rules. The professional
			 statement will be deemed sufficient to meet the requirements of this rule.
			 Notwithstanding the foregoing, a claimant who files a contested case proceeding
			 in order to toll the statute of limitations included in Iowa Code chapters 85,
			 85A, 85B, and 86 may elect alternative dispute resolution procedures including
			 the informal procedures described in this chapter even though claimant or
			 claimant's representative did not engage in settlement negotiations prior to
			 the time the contested case proceeding was filed.
(5) Informal dispute resolution procedures
			 include the dispute resolution procedures described in rule
			 876-4.40 (73GA,ch1261). The
			 workers' compensation commissioner has the power to impose sanctions in
			 informal dispute resolution procedures.
(6) Rescinded lAB 6/22/94, effective
			 7/1/94.
(7) An employee of the
			 division of workers' compensation who has been involved in informal dispute
			 resolution pursuant to subrules 10.1(5) and 10.1(6) shall not be a witness in
			 any contested case proceeding under 876-Chapter 4.
(8) Nothing in this rule is intended to
			 prevent settlement prior to using the dispute resolution procedures.
This rule is intended to implement Iowa Code section 86.8, and
				1990 Iowa Acts, chapter 1261, section 3.