US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Iowa Code » Title III - PUBLIC SERVICES AND REGULATION » Chapter 86 - DIVISION OF WORKERS’ COMPENSATION

Section 86.1 – Workers’ compensation commissioner — term.

86.1 Workers’ compensation commissioner — term. The governor shall appoint, subject to confirmation by the senate, a workers’ compensation commissioner whose term of office shall be six years beginning and ending as provided in section 69.19. The workers’ compensation commissioner shall maintain an office at the seat of government. The workers’ compensation commissioner must be […]

Section 86.10 – Records of employer — right to inspect.

86.10 Records of employer — right to inspect. 1. All books, records, and payrolls of the employers, showing or reflecting in any way upon the amount of wage expenditure of such employers, shall always be open for inspection by the workers’ compensation commissioner or any of the commissioner’s representatives presenting a certificate of authority from […]

Section 86.11 – Reports of injuries.

86.11 Reports of injuries. Every employer shall keep a record of all injuries, fatal or otherwise, alleged by an employee to have been sustained in the course of the employee’s employment and resulting in incapacity for a longer period than one day. If the injury results only in temporary disability, causing incapacity for a longer […]

Section 86.12 – Failure to report.

86.12 Failure to report. 1. The workers’ compensation commissioner may require any employer to supply the information required by section 86.10 or to file a report required by section 86.11 or 86.13 or by agency rule, by written demand sent to the employer’s last known address. Upon failure to supply such information or file such […]

Section 86.13 – Compensation payments.

86.13 Compensation payments. 1. If an employer or insurance carrier pays weekly compensation benefits to an employee, the employer or insurance carrier shall file with the workers’ compensation commissioner in the form and manner required by the workers’ compensation commissioner a notice of the commencement of the payments. The payments establish conclusively that the employer […]

Section 86.13A – Compliance monitoring and enforcement.

86.13A Compliance monitoring and enforcement. 1. The workers’ compensation commissioner shall monitor the rate of compliance of each employer and each insurer with the requirement to commence benefit payments within the time specified in section 85.30. The commissioner shall determine the percentage of reported injuries where the statutory standard was met and the average number […]

Section 86.14 – Contested cases.

86.14 Contested cases. 1. In an original proceeding, all matters relevant to a dispute are subject to inquiry. 2. In a proceeding to reopen an award for payments or agreement for settlement as provided by section 86.13, inquiry shall be into whether or not the condition of the employee warrants an end to, diminishment of, […]

Section 86.17 – Hearings — presiding officer — venue.

86.17 Hearings — presiding officer — venue. 1. Notwithstanding the provisions of section 17A.11, the workers’ compensation commissioner or a deputy workers’ compensation commissioner shall preside over any contested case proceeding brought under this chapter, chapter 85, 85A, or 85B in the manner provided by chapter 17A. The deputy commissioner or the commissioner may make […]

Section 86.18 – Hearings — evidence.

86.18 Hearings — evidence. 1. Evidence, process and procedure in contested case proceedings or appeal proceedings within the agency under this chapter, chapters 85 and 85A shall be as summary as practicable consistent with the requirements of chapter 17A. 2. The deposition of any witness may be taken and used as evidence in any pending […]

Section 86.19 – Reporting of proceedings.

86.19 Reporting of proceedings. 1. The workers’ compensation commissioner, or a deputy commissioner, may appoint or may direct a party to furnish at the party’s initial expense a certified shorthand reporter to be present and report, or to furnish mechanical means to record, and if necessary, transcribe proceedings of any contested case under this chapter, […]

Section 86.2 – Appointment of deputies.

86.2 Appointment of deputies. 1. The commissioner may appoint: a. Chief deputy workers’ compensation commissioners for whose acts the commissioner is responsible, who are exempt from the merit system provisions of chapter 8A, subchapter IV, and who shall serve at the pleasure of the commissioner. b. Deputy workers’ compensation commissioners for whose acts the commissioner […]

Section 86.24 – Appeals within the agency.

86.24 Appeals within the agency. 1. Any party aggrieved by a decision, order, ruling, finding or other act of a deputy commissioner in a contested case proceeding arising under this chapter or chapter 85 or 85A may appeal to the workers’ compensation commissioner in the time and manner provided by rule. The hearing on an […]

Section 86.26 – Judicial review.

86.26 Judicial review. 1. Judicial review of decisions or orders of the workers’ compensation commissioner may be sought in accordance with chapter 17A. Notwithstanding chapter 17A, the Iowa administrative procedure Act, petitions for judicial review may be filed in the district court of the county in which the hearing under section 86.17 was held, the […]

Section 86.27 – Settlement of controversy.

86.27 Settlement of controversy. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, no party to a contested case under any provision of the “Workers’ Compensation Act” may settle a controversy without the approval of the workers’ compensation commissioner. [C75, 77, 79, 81, §86.27] 98 Acts, ch 1061, §11; 2003 Acts, ch 44, […]

Section 86.29 – The judicial review petition.

86.29 The judicial review petition. Notwithstanding chapter 17A, the Iowa administrative procedure Act, in a petition for judicial review of a decision of the workers’ compensation commissioner in a contested case under this chapter or chapter 85, 85A, 85B, or 87, the opposing party shall be named the respondent, and the agency shall not be […]

Section 86.3 – Duties of deputies.

86.3 Duties of deputies. Notwithstanding the provisions of chapter 17A, in the absence or disability of the workers’ compensation commissioner, or when written delegation of authority to perform specified functions is made by the commissioner, the deputies shall have any necessary specified powers to perform any necessary or specified duties of the workers’ compensation commissioner […]

Section 86.32 – Costs of judicial review.

86.32 Costs of judicial review. In proceedings for judicial review of compensation cases the clerk shall charge no fee for any service rendered except the filing fee and transcript fees when the transcript of a judgment is required. The taxation of costs on judicial review shall be in the discretion of the court. [C24, 27, […]

Section 86.38 – Examination by physician — fee.

86.38 Examination by physician — fee. The workers’ compensation commissioner may appoint a duly qualified, impartial physician to examine the injured employee and make report. The fee for this service shall be five dollars, to be paid by the workers’ compensation commissioner, together with traveling expenses, but the commissioner may allow additional reasonable amounts in […]

Section 86.39 – Fees — approval.

86.39 Fees — approval. 1. All fees or claims for legal, medical, hospital, and burial services rendered under this chapter and chapters 85, 85A, 85B, and 87 are subject to the approval of the workers’ compensation commissioner. For services rendered in the district court and appellate courts, the attorney fee is subject to the approval […]