Iowa Admin. Code r. 876-4.1

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 876-4.1 - Contested cases

Contested case proceedings before the workers' compensation commissioner are:

(1) Arbitration (Iowa Code section 86.14) .

(2) Review of award or settlement (review-reopening, Iowa Code section 86.14) .

(3) Benefits under Iowa Code section 85.27.

(4) Death and burial benefits (Iowa Code sections 85.28, 85.29, 85.31) .

(5) Determination of dependency (Iowa Code sections 85.42, 85.43, 85.44) .

(6) Equitable apportionment (Iowa Code section 85.43) .

(7) Second injury fund (Iowa Code section 85.63 et seq.).

(8) Vocational rehabilitation benefits (Iowa Code section 85.70(1)) .

(9) Vocational training and education (Iowa Code section 85.70(2)) .

(10) Approval of fees under Iowa Code section 86.39.

(11) Commutation (Iowa Code section 85.45 et seq.).

(12) Employee's examination (Iowa Code section 85.39) .

(13) Rescinded IAB 2/8/23, effective 3/15/23.

(14) Determination of compliance with Iowa Code chapters 85, 85A, 85B, 86, and 87.

(15) Applications for alternate medical care (Iowa Code section 85.27) .

(16) Determination of liability, reimbursement for benefits paid and recovery of interest (Iowa Code section 85.21) .

(17) Interest (Iowa Code section 85.30) .

(18) Penalty (Iowa Code section 86.13) .

(19) Application for approval of third-party settlement (Iowa Code section 85.22) .

(20) Matters that would be a contested case if there were a dispute over the existence of material facts.

(21) Any other issue determinable upon evidential hearing which is under the jurisdiction of the workers' compensation commissioner.

This rule is intended to implement Iowa Code sections 17A.2(2) and 86.8 and the statutory sections noted in each category of the rule.

Iowa Admin. Code r. 876-4.1

Amended by IAB December 20, 2017/Volume XL, Number 13, effective 1/24/2018

Amended by IAB February 8, 2023/Volume XLV, Number 16, effective 3/15/2023