Iowa Administrative Code › Agency 876 - Workers' Compensation Division › Chapter 4 - Contested Cases › Rule 876-4.8 - Filing of Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A contested
			 case is commenced by filing the original notice and petition with the workers'
			 compensation commissioner. No action shall be taken by the workers'
			 compensation commissioner on any contested case against an adverse party unless
			 the adverse party has answered or unless it can be shown by proper proof that
			 the adverse party has been properly served. The original notice and petition if
			 required by 876-4.6 (85,86,17A) shall be accompanied by proof that the
			 petitioner has deposited copies of such documents with the U.S. post office for
			 delivery by certified mail, return receipt requested, upon the respondent or
			 has submitted such copies to a proper person for delivery of personal service
			 as in civil actions.
(2) Filing
			 fee.
a. For all original notices and petitions
			 for arbitration or review-reopening relating to weekly benefits filed on
			 account of each injury, occupational disease or occupational hearing loss
			 alleged, a filing fee shall be paid at the time of filing. The filing fee for
			 petitions is $125. No filing fee is due for the filing of other actions where
			 the sole relief sought is one of the following or a combination of any of them:
			 medical and other benefits under Iowa Code section 85.27; burial benefits under
			 Iowa Code section 85.28; determination of dependency under Iowa Code sections
			 85.42, 85.43, and 85.44; equitable apportionment under Iowa Code section 85.43;
			 second injury fund under Iowa Code sections 85.63 to 85.69; vocational
			 rehabilitation benefits under Iowa Code section 85.70(1); vocational training
			 and education benefits under Iowa Code section 85.70(2); approval of legal,
			 medical and other fees under Iowa Code section 86.39; commutation under Iowa
			 Code sections 85.45 to 85.48; employee's examination under Iowa Code section
			 85.39; employee's examination or sanctions under Iowa Code section 85.39;
			 application for alternate care under Iowa Code section 85.27; determination of
			 liability, reimbursement for benefits paid and recovery of interest under Iowa
			 Code section 85.21; interest under Iowa Code section 85.30; penalty under Iowa
			 Code section 86.13; application for approval of third-party settlement under
			 Iowa Code section 85.22; and petitions for declaratory orders or petitions for
			 interventions filed pursuant to 876-Chapter 5. An amendment to a petition that
			 alleges an additional or alternate date of occurrence does not require payment
			 of an additional filing fee if a filing fee was paid when the petition was
			 filed.
b. A filing fee shall be
			 required for each original notice and petition filed, as required in paragraph
			 4.8(2)
"a."
If a party overpays a filing fee, the party may
			 receive a refund. The party who made the overpayment must request a refund
			 before June 1 of the fiscal year in which the overpayment occurred.
c. If no filing fee is paid at the time of
			 filing of the original notice and petition, the workers' compensation
			 commissioner shall return the original notice and petition to the party filing
			 it. Filing an original notice and petition without paying the fee shall not
			 toll the statute of limitations. Tendering an amount less than required will be
			 considered failure to pay a filing fee.
d. The filing fee may be taxed as a cost to
			 the losing party in the case. If the filing fee would impose an undue hardship
			 or be unjust in the circumstances for the losing party, the filing fee may be
			 taxed as costs to the winning party in the case. See rule
			 876-4.33 (86).
e. The filing fee
			 shall be paid at the same time the petition is filed. The filing fee shall be
			 paid electronically with a credit card, via automated clearing house (ACH), or
			 by other electronic means as allowed by WCES, unless an order granting
			 permission for nonelectronic payment has been issued. If an order granting
			 permission for nonelectronic payment has been issued, the party filing the
			 petition shall issue a check payable to the "Iowa Division of Workers'
			 Compensation." If the payment of the filing fee is made by an account with
			 insufficient funds or the payment is stopped, or the payment is otherwise not
			 honored, it will be treated as a failure to pay the correct filing fee. See
			 paragraph 4.8(2)
"c."
Nonelectronic payment will not be
			 accepted without an order granting permission for nonelectronic payment. The
			 statute of limitations is not tolled if a party has requested nonelectronic
			 payment and is awaiting an order.
f. The workers' compensation commissioner may
			 accept for filing an original notice and petition without prepayment of the
			 filing fee if in the discretion of the workers' compensation commissioner the
			 petitioner is unable to pay the fee at the time of filing. A deferral of
			 payment of the filing fee shall only be granted upon written application by the
			 petitioner. The application shall be filed at the same time the original notice
			 and petition is filed. The application shall be in the form required by the
			 workers' compensation commissioner and shall include an affidavit signed by the
			 petitioner. When payment of the filing fee is deferred, provisions for payment
			 of the filing fee must be included in any settlement submitted to the workers'
			 compensation commissioner for approval or taxed as costs. When the application
			 for deferral of payment of the filing fee is denied, the filing fee shall be
			 paid as ordered. See paragraph 4.8(2)
"c."
The form for the
			 application deferral of prepayment of fees (Form No. 14-0075) shall not be
			 filed using WCES. The document shall be filed in paper form. If the request for
			 deferral of fees is granted, a claim will be established in WCES. Parties to
			 the claim shall use WCES for future filings, unless a party has been granted a
			 waiver of the mandatory use of WCES.
g. Parties shall use the payment gateway in
			 WCES to pay filing fees, unless an order has been issued allowing deferral of
			 the payment of the filing fee or payment outside of WCES. In addition to the
			 filing fee, the parties shall pay the convenience fee charged by the financial
			 institution that is processing payment for WCES. This cost may be recoverable
			 under rule 876-4.33 (86).
This rule is intended to implement Iowa Code section
				17A.12.