reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.14 - Filing of Documents and Papers

Current through Register Vol. 47, No. 3, July 24, 2024
All documents and papers required to be served on a party under
				rule 876-4.12 (86) shall be filed with the workers' compensation commissioner
				either before service or within a reasonable time thereafter. No deposition,
				notice of deposition, notice of requests for discovery, notice of responses to
				requests for discovery, and notice of medical records and reports required to
				be served by rule 876-4.17 (86) shall be filed with or accepted for filing in
				WCES unless ordered by the workers' compensation commissioner or a deputy
				workers' compensation commissioner, or its use becomes otherwise necessary in
				the action, in which case it shall be attached to the relevant motion or
				response to the motion requiring its use, or unless offered as evidence at
				hearing of the contested case.
This rule is intended to implement Iowa Code section
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.15 - Proof of Service

Current through Register Vol. 47, No. 3, July 24, 2024
Proof of service of all documents and papers to be served on
				another party under rule 876-4.12 (86) shall be filed with the division of
				workers' compensation promptly and, in any event, before action is to be taken
				thereon by the workers' compensation commissioner or a deputy workers'
				compensation commissioner or any party unless a responsive pleading has been
				filed. Proof shall be made by filing the document in WCES when another party is
				registered in WCES for that claim. If a party or a party's attorney or
				representative is not in WCES for the claim being contested, the proof shall
				show the date and manner of service and may be by written acknowledgment of
				service, by certification of a member of the bar of this state, by affidavit of
				the person who served the papers, or by any other proof satisfactory to the
				workers' compensation commissioner.
This rule is intended to implement Iowa Code section
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.17 - Service of Records and Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Each party to a contested case shall serve all records received
				pursuant to a patient's waiver (Form 14-0043-authorization for release of
				information regarding claimants seeking workers' compensation benefits) and
				medical records and reports concerning the injured worker in the possession of
				the party upon each opposing party not later than 20 days following filing of
				an answer or, if not then in possession of a party, within 10 days of receipt.
				Medical records and reports are records of medical practitioners and
				institutions concerning the injured worker. Medical practitioners and
				institutions include physicians, physician assistants, surgeons, osteopathic
				physicians and surgeons, chiropractors, dentists, nurses, podiatrists,
				psychiatrists, psychologists, counselors, hospitals, clinics, persons engaged
				in physical or vocational rehabilitation or evaluation for rehabilitation, all
				other practitioners of the healing arts or sciences, and all other institutions
				in which the healing arts or sciences are practiced. Each party shall serve a
				notice accompanying the records and reports identifying the records and reports
				served by the name of the practitioner or institution or other source and date
				of the records and reports and, if served later than 20 days following filing
				of the answer, stating the date when the records and reports were received by
				the party serving them. Pursuant to rule 876-4.14 (86), the notice and records
				and reports shall not be filed with the workers' compensation commissioner. A
				party failing to comply with the provisions of this rule shall, if the failure
				is prejudicial to an opposing party, be subject to the provisions of rule
				876-4.36(86). This rule does not require a party to serve any record or report
				that was previously served by another party in a contested case
				proceeding.
Compliance with this rule does not automatically permit a
				record or report to be received into evidence if the record or report was not
				served prior to an applicable deadline established by rule or order for
				completing discovery or service of exhibits.
This rule is intended to implement Iowa Code sections 86.8 and
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.18 - Medical Evidence and Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
Discovery in workers' compensation proceedings is governed by
				the rules of civil procedure pursuant to
				876-4.35 (86). Any relevant
				medical record or report served upon a party in compliance with these rules
				prior to any deadline established by order or rule for service of the records
				and reports shall be admissible as evidence at hearing of the contested case
				unless otherwise provided by rule. Any party against which a medical record or
				report may be used shall have the right, at the party's own initial expense, to
				cross-examine by deposition the medical practitioner producing the record or
				report and the deposition shall be admissible as evidence in the contested
				case.
This rule is intended to implement Iowa Code sections
				86.8 and
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.20 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
A deputy workers' compensation commissioner or the workers'
				compensation commissioner may order parties in the case to either appear before
				the workers' compensation commissioner or a deputy workers' compensation
				commissioner for a conference, or communicate with the commissioner or a deputy
				commissioner and with each other in any manner as may be prescribed to
				consider, so far as applicable to the particular case:
1. The necessity or desirability of amending
			 pleadings by formal amendment or prehearing order;
2. Agreeing to admissions of facts, documents
			 or records not really controverted, to avoid unnecessary proof;
3. Limiting the number of
			 witnesses;
4. Settling any facts of
			 which the workers' compensation commissioner or a deputy workers' compensation
			 commissioner is to be asked to take official notice;
5. Stating and simplifying the factual and
			 legal issues to be determined;
6.
			 Specifying the items and amounts of compensation claimed;
7. Specifying all proposed exhibits and proof
			 thereof;
8. Consolidation of cases
			 and bifurcation of issues;
9.
			 Specifying all witnesses expected to testify;
10. Possibility of settlement;
11. Filing of advance briefs, if
			 any;
12. Setting or altering dates
			 for completion of discovery or completion of medical evidence by each
			 party;
13. Any other matter which
			 may facilitate, expedite, or simplify any contested case.
This rule is intended to implement Iowa Code sections 86.17 and
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.21 - Prehearing Conference Record

Current through Register Vol. 47, No. 3, July 24, 2024
At the request of any attorney in the case, or at the
				discretion of a deputy workers' compensation commissioner or the workers'
				compensation commissioner, the entire prehearing conference or any designated
				part thereof shall be recorded and the cost of the reporter shall be assessed
				to the requesting party or, if directed by the workers' compensation
				commissioner or deputy workers' compensation commissioner, assessed as
				costs.
This rule is intended to implement Iowa Code sections 86.17 and
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.22 - Orders

Current through Register Vol. 47, No. 3, July 24, 2024
A deputy workers' compensation commissioner or the workers'
				compensation commissioner may enter an order reciting any action taken at a
				prehearing conference or pursuant to any other procedures prescribed which will
				control the subsequent course of action relative to matters which it includes,
				unless modified to prevent manifest injustice.
This rule is intended to implement Iowa Code sections 86.17 and
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.23 - Assignment for Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Contested cases shall be set for hearing within the discretion
				of the workers' compensation commissioner as soon as practicable after the
				parties have had adequate opportunity to prepare for hearing. A party may
				request in writing that no hearing in a contested case be held until such time
				as specified matters have been accomplished or specified events have occurred.
				Continuances of hearings in contested cases shall be granted only by the
				workers' compensation commissioner or a deputy workers' compensation
				commissioner. Continuances are governed by Iowa Rules of Civil Procedure
				1.910-1.912. Requests for continuance shall also state in detail the reasons
				for the request and whether the opposing party accedes to the request.
The parties shall promptly notify the workers' compensation
				commissioner of settlements. This rule is intended to implement Iowa Code
				sections 86.8 and 86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.24 - Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
Any party may file an application for rehearing of a proposed
				decision in any contested case by a deputy workers' compensation commissioner
				or a decision in any contested case by the workers' compensation commissioner
				within 20 days after the issuance of the decision in WCES. If a party has been
				granted a waiver of the mandatory use of WCES, the party shall file the
				application for rehearing with the division of workers' compensation and serve
				a copy on the other parties. An application for rehearing shall be deemed
				denied unless the deputy workers' compensation commissioner or workers'
				compensation commissioner rendering the decision grants the application within
				20 days after its filing. For purposes of this rule, motions or requests for
				reconsideration or new trial or retrial or any reexamination of any decision,
				ruling, or order shall be treated the same as an application for
				rehearing.
This rule is intended to implement Iowa Code chapters 17A, 85,
				85A, 85B and 86.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.25 - Appeal When Rehearing Requested

Current through Register Vol. 47, No. 3, July 24, 2024
An appeal to or review on motion of the workers' compensation
				commissioner must be filed within 20 days after the application for rehearing
				of a proposed decision by a deputy workers' compensation commissioner under
				rule 876-4.24 (17A,86) has been denied or deemed denied or a decision on
				rehearing has been issued. If a notice of appeal is filed by one party and an
				application for rehearing is filed by a different party, the deputy workers'
				compensation commissioner retains jurisdiction to act on the application for
				rehearing, and the notice of appeal is stayed and deemed to have been filed on
				the day after the application for rehearing is denied or deemed denied or the
				decision on rehearing is issued.
This rule is intended to implement Iowa Code sections 17A.15,
				17A.16 and 86.24.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.27 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in rules 876-4.2 (86) and 876-4.25 (17A,86),
				an appeal to the workers' compensation commissioner from a decision, order or
				ruling of a deputy workers' compensation commissioner in contested case
				proceedings shall be commenced within 20 days of the filing of the decision,
				order or ruling by filing a notice of appeal in WCES. If a party has been
				granted a waiver of the mandatory use of WCES, the party shall file the notice
				of appeal with the division of workers' compensation and serve a copy on the
				other parties. If two or more contested cases were consolidated for hearing,
				the notice of appeal shall specify the case number of each case the party
				wishes to include in the appeal. The date the notice of appeal is filed shall
				be the date the notice of appeal is received by the agency.
Miller v.
				Civil Constructors,
373 N.W.2d 115 (Iowa 1985). The notice shall be
				served on the opposing parties as provided in rule 876-4.13 (86). An appeal
				shall be heard in Polk County or in any location designated by the workers'
				compensation commissioner.
An interlocutory decision, order or ruling can be appealed only
				as hereinafter provided. A decision, order or ruling is interlocutory if, when
				issued, it does not dispose of all issues in the contested case that are ripe
				for adjudication. If the sole issue remaining for determination is claimant's
				entitlement to additional compensation for unreasonable denial or delay of
				payment pursuant to Iowa Code section 86.13, the decision is not interlocutory.
				An adjudication that awards ongoing payments of weekly compensation under Iowa
				Code section 85.33 or 85.34(1)  is not interlocutory. The workers' compensation
				commissioner may, upon application from any party or on the workers'
				compensation commissioner's own motion, and upon such terms as the workers'
				compensation commissioner orders, grant an appeal from an interlocutory
				decision, order or ruling if the workers' compensation commissioner finds that
				the ruling affects substantial rights, that the ruling will materially affect
				the final decision and that determination of the correctness of the ruling will
				better serve the interests of justice.
A cross-appeal may be taken under this rule or rule
				876-4.25(17A,86) in the same manner as an appeal within the 20 days for the
				taking of an appeal or within 10 days after filing of the appeal, whichever is
				later.
This rule is intended to implement Iowa Code sections 17A.15 and 86.24.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.28 - Briefing Requirements on Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
The workers' compensation commissioner shall decide an appeal
				upon the record submitted to the deputy workers' compensation commissioner
				unless the workers' compensation commissioner is satisfied that additional
				newly discovered material evidence exists, which could not have been discovered
				and produced at the hearing with reasonable diligence. A party must file a
				request for taking additional evidence in WCES within 20 days after the notice
				of appeal was filed. If a party has been granted a waiver of the mandatory use
				of WCES, the party shall file the request for taking additional evidence with
				the division of workers' compensation and serve a copy on the other parties.
				Any briefs required or allowed by this rule shall be filed promptly following
				service.
(1)
Time for serving
			 briefs.
Appellant shall serve its brief within 50 days after the date
			 on which notice of appeal was filed, or within 20 days after filing of the
			 hearing transcript, whichever date is later. Appellee shall serve its brief
			 within 20 days after service of the brief of appellant. If appellant serves a
			 reply brief, it shall be done within 10 days after service of appellee's
			 brief.
(2)
Cross-appeals.
In the event of a cross-appeal, appellee
			 (cross-appellant) shall serve its brief within 20 days after service of the
			 brief of appellant. Appellant (cross-appellee) shall serve its responsive reply
			 brief within 20 days after service of the brief of appellee. Appellee
			 (cross-appellant) may serve a reply brief within 10 days after service of
			 appellant's reply brief. When more than one party appeals, the party filing the
			 first notice of appeal will be designated the appellant and the party filing a
			 subsequent notice of appeal will be designated the cross-appellant.
(3)
Multiple adverse
			 parties.
In cases involving multiple appeals involving multiple
			 claimants, employers, insurance carriers or the second injury fund, the
			 workers' compensation commissioner shall enter an order establishing a briefing
			 schedule.
(4)
Form of
			 briefs.
Respective briefs and exceptions on appeal shall include the
			 following:
a. Statement of the case.
b. Statement of the issues on
			 appeal.
c. An argument
			 corresponding to the separately stated issues and contentions of appellant with
			 respect to the issues presented and reasons for them, with specific reference
			 to the page or pages of the transcript which are material to the issues on
			 appeal.
d. A short conclusion
			 stating the precise relief sought.
The appellee may submit a brief on appeal replying to the
				issues presented by the appellant, unless a cross-appeal is made in which case
				the brief of appellee shall contain the issues and argument involved in the
				cross-appeal as well as the response to the brief of appellant.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.29 - Review Upon Motion

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in rule 876-4.25 (17A,86), the workers'
				compensation commissioner may review the decision, order or ruling of a deputy
				workers' compensation commissioner in any contested case upon the workers'
				compensation commissioner's own motion. Except as provided in rule
				876-4.25(17A,86), the motion to review a decision, order or ruling in all
				contested cases must be filed within 20 days of the filing of the decision,
				order or ruling. The workers' compensation commissioner shall specify in a
				notice filed in WCES or mailed to the parties by certified mail, return receipt
				requested, on the date of filing of the motion the issues to be reviewed and
				the additional evidence, if any, to be obtained by the parties. The hearing
				under this rule shall be heard in Polk County or in any locality designated by
				the workers' compensation commissioner.
This rule is intended to implement Iowa Code sections 17A.15 and 86.24.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.30 - Transcript on Appeal or Review

Current through Register Vol. 47, No. 3, July 24, 2024
When an appeal to or review on motion of the workers'
				compensation commissioner is taken pursuant to rule 876-4.27 (17A,86) or
				876-4.29(86,17A), a transcript of the proceedings before the workers'
				compensation commissioner shall be filed with the workers' compensation
				commissioner within 30 days after the notice of the appeal is filed with the
				workers' compensation commissioner. The appealing party shall bear the initial
				cost of transcription on appeal and shall pay the certified shorthand reporter
				or service for the transcript. In the event there is a cross-appeal, the
				appellant and cross-appellant shall share the cost of the transcript. In the
				event the cost of the transcript has been initially borne by a nonappealing
				party prior to appeal, the nonappealing party is entitled to reimbursement
				within 30 days after serving on the appealing party proof of the cost of the
				transcript. If not so reimbursed, the appeal may be dismissed.
This rule is intended to implement Iowa Code sections 17A.12,
				17A.15, 86.19, 86.24 and 86.40.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.32 - Recording of Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The workers' compensation commissioner may arrange for the
				attendance of a certified shorthand reporter or mechanical means to record
				proceedings in contested cases. The workers' compensation commissioner may
				require the defendant employer or on appeal to the workers' compensation
				commissioner, the appellant, to arrange for the attendance of a certified
				shorthand reporter or adequate mechanical means of recording the proceedings.
				The charges for attendance shall be paid initially to the certified shorthand
				reporter or service by the employer or, on an appeal to the workers'
				compensation commissioner, the appellant. The charges shall be taxed as costs.
				The party initially paying the expense shall be reimbursed by the party taxed
				with the cost. If the expense is unpaid, it shall be paid by the party taxed
				with the cost.
This rule is intended to implement Iowa Code section
				86.19.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.33 - Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Costs taxed by the workers' compensation commissioner or a
				deputy workers' compensation commissioner shall be (1) attendance of a
				certified shorthand reporter or presence of mechanical means at hearings and
				evidential depositions, (2) transcription costs when appropriate, (3) costs of
				service of the original notice and subpoenas, (4) witness fees and expenses as
				provided by Iowa Code sections 622.69 and 622.72, (5) the costs of doctors' and
				practitioners' deposition testimony, provided that said costs do not exceed the
				amounts provided by Iowa Code sections 622.69 and 622.72, (6) the reasonable
				costs of obtaining no more than two doctors' or practitioners' reports, (7)
				filing fees when appropriate, including convenience fees incurred by using the
				WCES payment gateway, and (8) costs of persons reviewing health service
				disputes. Costs of service of notice and subpoenas shall be paid initially to
				the serving person or agency by the party utilizing the service. Expenses and
				fees of witnesses or of obtaining doctors' or practitioners' reports initially
				shall be paid to the witnesses, doctors or practitioners by the party on whose
				behalf the witness is called or by whom the report is requested. Witness fees
				shall be paid in accordance with Iowa Code section 622.74. Proof of payment of
				any cost shall be filed with the workers' compensation commissioner before
				costs are taxed. The party initially paying the expense shall be reimbursed by
				the party taxed with the cost. If the expense is unpaid, it shall be paid by
				the party taxed with the cost. Costs are to be assessed at the discretion of
				the deputy workers' compensation commissioner or workers' compensation
				commissioner hearing the case unless otherwise required by the Iowa Rules of
				Civil Procedure governing discovery.
This rule is intended to implement Iowa Code section
				86.40.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.34 - Dismissal for Lack of Prosecution

Current through Register Vol. 47, No. 3, July 24, 2024
It is the declared policy that in the exercise of reasonable
				diligence, all contested cases before the workers' compensation commissioner,
				except under unusual circumstances, shall be brought to issue and heard at the
				earliest possible time. To accomplish such purpose the workers' compensation
				commissioner may take the following action:
(1) Any contested case, where the original
			 notice and petition is on file in excess of two years, may be subject to
			 dismissal after the notice in 4.34(2) is sent to all parties and after the time
			 as provided for in the notice.
(2)
			 After the circumstances provided in 4.34(1) occur, all parties to the action,
			 or their attorneys, shall be sent notice from the division of workers'
			 compensation by certified mail containing the following:
a. The names of the parties;
b. The date or dates of injury involved in
			 the contested case or appeal proceeding;
c. Counsel appearing;
d. Date of filing of the petition or
			 appeal;
e. That the contested case
			 proceeding will be dismissed without prejudice on the thirtieth day following
			 the date of the notice unless good cause is shown why the contested case
			 proceeding should not be dismissed.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.35 - Rules of Civil Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
The rules of civil procedure shall govern the contested case
				proceedings before the workers' compensation commissioner unless the provisions
				are in conflict with these rules and Iowa Code chapters 85, 85A, 85B, 86, 87
				and 17A. In those circumstances, these rules or the appropriate Iowa Code
				section shall govern. Where appropriate, reference to the word "court" shall be
				deemed reference to the "workers' compensation commissioner" and reference to
				the word "trial" shall be deemed reference to "contested case hearing."
This rule is intended to implement Iowa Code sections 17A.1,
				17A.12, 17A.13, 17A.14, and 86.8.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.36 - Compliance With Order or Rules

Current through Register Vol. 47, No. 3, July 24, 2024
If any party to a contested case or an attorney representing
				such party shall fail to comply with these rules or any order of a deputy
				workers' compensation commissioner or the workers' compensation commissioner,
				the deputy workers' compensation commissioner or workers' compensation
				commissioner may impose sanctions which may include dismissing the action
				without prejudice, excluding or limiting evidence, assessing costs or expenses,
				and closing the record in whole or in part to further activity by the
				party.
This rule is intended to implement Iowa Code section
				86.8.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.37 - Waiver of Contested Case Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
The parties who wish to waive the contested case provisions of
				chapter 17A shall file a written stipulation of such waiver with the workers'
				compensation commissioner before such waiver shall be recognized. The waiver
				shall specify the provisions waived such as a consent to delivery, waiver of
				original notice, or waiver of hearing.
This rule is intended to implement Iowa Code section
				17A.10.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.38 - Recusal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The workers' compensation commissioner or
			 a deputy workers' compensation commissioner shall withdraw from participation
			 in the making of any proposed or final decision in a contested case if that
			 person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case the specific controversy underlying that
			 case, another pending factually related contested case, or a pending factually
			 related controversy that may culminate in a contested case involving the same
			 parties;
c. Is subject to the
			 authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that (1) is a party to the case, or an officer, director
			 or trustee of a party; (2) is a lawyer in the case; (3) is known to have an
			 interest that could be substantially affected by the outcome of the case; or
			 (4) is likely to be a material witness in the case;
g. Has even the appearance of impropriety;
			 or
h. Has any other legally
			 sufficient cause to withdraw from participation in the decision making in that
			 case.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.39 - Filing by Facsimile Transmission (fax)

Current through Register Vol. 47, No. 3, July 24, 2024
If a party has been granted a waiver of the mandatory use of
				WCES, all documents filed with the division of workers' compensation pursuant
				to this chapter and Iowa Code section 86.24 except an original notice and
				petition requesting a contested case proceeding (see Iowa Code section
				17A.12(9)) may be filed by facsimile transmission (fax). A copy shall be filed
				for each case involved. A document filed by fax is presumed to be an accurate
				reproduction of the original. If a document filed by fax is illegible, a
				legible copy may be substituted and the date of filing shall be the date the
				illegible copy was received. The date of filing by fax is the date the document
				is received by the division of workers' compensation. The division of workers'
				compensation will not provide a mailed file-stamped copy of documents filed by
				fax. The fax number for the division of workers' compensation is
				(515)281-6501.
This rule is intended to implement Iowa Code chapters 17A, 85,
				85A, 85B and 86.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.40 - Dispute Resolution

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 have all power reasonable and
				necessary to resolve contested cases filed under Chapter 4 of these rules. This
				power includes, but is not limited to, the following: the power to resolve
				matters pursuant to initiation of mandatory dispute resolution proceedings by
				the workers' compensation commissioner; the power to resolve matters pursuant
				to a request by the parties; the power to impose sanctions; and the power to
				require conduct by the parties. However, no issue in a contested case may be
				finally resolved under this rule without consent of the parties.
An employee of the division of workers' compensation who has
				been involved in dispute resolution shall not be a witness in any contested
				case proceeding under this chapter.
(1) Mandatory proceedings. The workers'
			 compensation commissioner may require that the parties participate in dispute
			 resolution in the following situation:
a. The
			 oldest one-fourth of contested cases which are not scheduled for
			 hearing.
b. All cases where
			 discovery deadlines have been set pursuant to a prehearing order and the
			 deadlines have passed.
c. All cases
			 where the principal dispute is medical benefits.
d. All cases where the only dispute is the
			 extent of disability.
e. All cases
			 involving liability disputes of alleged workers' compensation insurance
			 carriers and alleged employers pursuant to Iowa Code section
			 85.21.
f. Equitable apportionment of compensation
			 payments pursuant to Iowa Code section
			 85.43.
g. All cases where the workers' compensation
			 commissioner determines that dispute resolution would be in the best interest
			 of the parties.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.45 - Length of Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
Except by permission of the presiding deputy workers'
				compensation commissioner or by permission of the workers' compensation
				commissioner when an appeal pursuant to rule 876-4.27 (17A,86) has been filed,
				principal briefs shall not exceed 50 Arabic-numbered pages. Reply briefs shall
				not exceed 25 Arabic-numbered pages. In the event of a cross-appeal,
				appellant's (cross-appellee's) responsive reply brief shall be considered a
				principal brief. The type used shall not be smaller than pica type, and each
				line shall contain an average of no more than 60 characters. If a brief is
				submitted in excess of the length allowed in this rule, the portion exceeding
				the allowable length will not be considered. This rule does not prohibit a
				presiding deputy workers' compensation commissioner or the workers'
				compensation commissioner from limiting the length of a brief. An exception to
				this rule is the length of briefs (three pages) in an application for alternate
				care. See subrule 4.48(11).
This rule is intended to implement Iowa Code sections 17A.12,
				17A.15, 86.8, 86.18 and 86.24.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.49 - Method of Holding Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Any hearing held under this chapter may be by voice or video
				technology including but not limited to Internet-based video.
This rule is intended to implement Iowa Code sections
				17A.12,
				85.27,
				86.8,
				86.17 and
				86.18.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.50 - Vocational Training, Education, and Supplies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The purpose of this rule is to establish the
			 procedures for issuing decisions on applications for vocational training,
			 education, and supplies provided for in Iowa Code section 85.70(2).
(2)
Definitions.
The
			 following definitions apply to this rule:
"Application for vocational training and education
				hearing"
or
"application"
means a contested case
				proceeding filed with the division of workers' compensation contesting the
				results of an evaluation and determination or contesting or requesting the
				termination of a vocational training and education program.
"Evaluation and determination"
means an
				assessment conducted by the department of workforce development to determine if
				the employee would benefit from a vocational training and education program
				offered through an area community college to allow the employee to return to
				the workforce.
"Request for vocational training and
				education"
or
"request"
means a written request for
				an evaluation and determination of whether an employee is entitled to
				vocational training, education, and supplies.
"Vocational training and education"
shall
				include general educational development programs for employees who have not
				graduated from high school or obtained a general education diploma, and career
				and technical education programs that provide instruction in the areas of
				agriculture, family and consumer sciences, health occupations, business,
				industrial technology, and marketing, offered through an area community college
				that will allow the employee to return to the workforce.
(3)
Application for vocational
			 training and education.
a. An
			 application shall:
(1) Only concern the issue
			 of vocational training, education, and supplies;
(2) Be filed on the form provided by the
			 division of workers' compensation;
(3) State the reasons for the
			 application;
(4) Be served on the
			 other party;
(5) Contain a proof of
			 service on the other party; and
(6)
			 Specify whether a telephone or in-person hearing is requested.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.51 - Agency Notice of Judicial Review Matters

Current through Register Vol. 47, No. 3, July 24, 2024
A party who petitions for judicial review shall file a copy of
				the petition for judicial review in WCES within ten days of filing the petition
				with a district court. If a party has been granted a waiver of the mandatory
				use of WCES, the party shall file a copy of the petition for judicial review
				with the division of workers' compensation within ten days of filing the
				petition with a district court. A party shall also file a copy of each
				appellate court decision in WCES within ten days of the date the appellate
				court decision was issued and filed. If a party has been granted a waiver of
				the mandatory use of WCES, the party shall file a copy of the appellate court
				decision with the division of workers' compensation within ten days of the date
				the appellate court decision was issued and filed. Within 45 days of the filing
				of the final appellate court decision, the same party shall notify the division
				of workers' compensation of the result of the appellate process.
This rule is intended to implement Iowa Code chapters 17A, 85,
				85A, 85B and 86.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.52 - Rules of Electronic Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Chapter 16 of the Iowa Court Rules of Electronic Procedure
				shall govern the use and filings in WCES for contested case proceedings before
				the workers' compensation commissioner unless the provisions are in conflict
				with these rules or Iowa Code chapters 85, 85A, 85B, 86, 87 and 17A or
				obviously inapplicable to the workers' compensation commissioner. In those
				circumstances, these rules or the appropriate Iowa Code section shall govern.
				Where appropriate, reference to the word "court" shall be deemed reference to
				the "workers' compensation commissioner or deputy workers' compensation
				commissioner," reference to the word "trial" shall be deemed reference to
				"contested case hearing," and reference to "clerk of court" shall be deemed
				reference to staff at the division of workers' compensation.
This rule is intended to implement Iowa Code chapters 17A, 85,
				85A, 85B and 86.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the workers' compensation
				commissioner for a declaratory order as to the applicability to specified
				circumstances of a statute, rule, or order within the primary jurisdiction of
				the workers' compensation commissioner, at the office of the workers'
				compensation commissioner. Parties shall not use WCES for declaratory order
				proceedings. A petition is deemed filed when it is received by that office. The
				workers' compensation commissioner shall provide the petitioner with a
				file-stamped copy of the petition if the petitioner provides the agency an
				extra copy for this purpose. The petition must be typewritten or legibly
				handwritten in ink and must substantially conform to the following form:
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The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by rule
			 876-5.7 (17A).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within five working days after receipt of a petition for a
				declaratory order, the workers' compensation commissioner shall give notice of
				the petition to all persons not served by the petitioner pursuant to rule
				876-5.6 (17A) to whom notice is
				required by any provision of law. The workers' compensation commissioner may
				also give notice to any other persons.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Nondiscretionary intervention.
Persons who qualify under any
			 applicable provision of law as an intervenor and who file a petition for
			 intervention within 15 working days of the filing of a petition for declaratory
			 order and before 30-day time for agency action under rule
			 876-5.8 (17A) shall be allowed
			 to intervene in a proceeding for a declaratory order.
(2)
Discretionary
			 intervention.
Any person who files a petition for intervention at any
			 time prior to the issuance of an order may be allowed to intervene in a
			 proceeding for a declaratory order at the discretion of the workers'
			 compensation commissioner.
(3)
Filing and form of petition for intervention.
A petition for
			 intervention shall be filed at the office of the workers' compensation
			 commissioner Such a petition is deemed filed when it is received by that
			 office. The workers' compensation commissioner will provide the petitioner with
			 a file-stamped copy of the petition for intervention if the petitioner provides
			 an extra copy for this purpose. A petition for intervention must be typewritten
			 or legibly handwritten in ink and must substantially conform to the following
			 form:
BEFORE THE WORKERS' COMPENSATION COMMISSIONER
Petition by (Name of Original Petitioner) for a Declaratory
				Order on (Cite provisions of law cited in Original Petition). Petition for
				intervention by (Name of Intervenor).
}
PETITION FOR INTERVENTION
The petition for intervention must provide the following
				information:
1. Facts supporting the
			 intervenor's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervenor's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervenor's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition must be dated and signed by the intervenor or the
				intervenor's representative. It must also include the name, mailing address,
				and telephone number of the intervenor and intervenor's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The workers' compensation commissioner may request a brief
				from the petitioner, any intervenor, or any other person concerning the
				questions raised.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory
				order proceeding may be made to the Workers' Compensation
				Commissioner, 150 Des Moines Street, Des Moines, Iowa
				50309.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service.
Except where otherwise provided by law,
			 every petition for declaratory order, petition for intervention,
			 brief, or other paper filed in a proceeding for a declaratory order
			 shall be served upon each of the parties of record to the proceeding,
			 and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in
			 the questions presented, simultaneously with their filing. The party
			 filing a document is responsible for service on all parties and other
			 affected or interested persons. All documents filed shall indicate
			 all parties or other persons served and the date and method of
			 service.
(2)
Filing.
All petitions for declaratory orders,
			 petitions for intervention, briefs, or other papers in a proceeding
			 for a declaratory order shall be filed with the Workers' Compensation
			 Commissioner, 150 Des Moines Street, Des Moines, Iowa
			 50309.
(3)
Method
			 of service, time of filing, and proof of service.
Method of
			 service and proof of service shall be as provided by rules
			 876-4.13 (86) and 876-4.15 (86). All documents are considered filed
			 when received by the agency.
Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 5 - Declaratory Orders › Rule 876-5.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the workers' compensation
				commissioner must schedule a brief and informal meeting between the original
				petitioner, all intervenors, and the workers' compensation commissioner or a
				member of the staff of the workers' compensation commissioner to discuss the
				questions raised. The workers' compensation commissioner may solicit comments
				from any person on the questions raised. Also, comments on the questions raised
				may be submitted to the workers' compensation commissioner by any
				person.