Hand-Delivery of Mail for Division of Workers' Compensation
Beginning October 2, 2017, all hand-delivered documents for the Division of Workers’ Compensation MUST be delivered directly to the Workforce Development location at 150 Des Moines Street between the hours of 8 am - 4:30 pm.
Items of Interest
Mark D. Sloan v. Sloan Family Dentistry, P.C. - Partial Commutation Ruling
John Deere Declaratory Order Regarding Profit Sharing Bonus and Continuous Improvement Pay Plan
Medical mileage will be decreasing to $.535 effective July 1, 2017.
Notice from the Division of Workers’ Compensation
There will be an increase in copy fees effective July 1, 2017.
Effective July 1, 2017, the Division of Workers’ Compensation is increasing the fee for all copies from fifteen cents (.15¢) to twenty-five cents (.25¢).
This change reflects the increased costs the Division has incurred since it last changed the fees and brings the Division of Workers’ Compensation in line with the costs charged by Iowa Workforce Development.
The revised fee schedule has been put on our web site. Click here for new fee schedule.
Notice from the Division of Workers’ Compensation - March 15, 2017
Please share this information with all customers and staff who contact Workers’ Compensation to make them aware there will be some delay in responding to inquiries.
The Division of Workers’ Compensation is experiencing an extraordinary number of filings of Original Notices and Petitions which began two weeks ago. Our docket staff is diligently processing these petitions. Soon we expect to start receiving replies and pleadings in response to each of those petitions, which will also require additional processing time.
With such a significant increase in our workload, our response time to voicemails, return calls, and requests for information will not be as prompt as we would like.
Defense counsel offices:
Please contact the insurance carrier/claim administrator for the compliance number and/or the DWC file number.
Answers and pleadings containing claimant’s name and injury date will provide sufficient information for us to link to the petition and process properly.
While we expect this inconvenience will be temporary, we have no way to determine a time frame. We appreciate your patience and understanding during this time, and we thank you for your support.
Guidelines for Preparation of Hearing Exhibits
Parties are encouraged to use the following guidelines before they become MANDATORY on May 1, 2017.
Uniform Guidelines for Preparation of Hearing Exhibits
Mandatory May 1, 2017 – Parties May Follow These Before May 1, 2017
Note: Exhibits submitted at hearing that do not comply with these preferences shall be returned to the party, who will be ordered to resubmit them after hearing in the proper form.
- Treatment records shall be organized by provider. Each provider’s records shall be chronological. Providers shall be organized in chronological order.
- Medical treatment records, before and after the alleged injury, are not to be offered separately by each party unless authentication of a record is in dispute. All such treatment records shall be contained in a separate joint exhibit.
- No X-rays or other imaging films are allowed absent a showing that such will be helpful to the deputy in addressing the disputed issues and such films do not require expert medical interpretation.
- Medical and vocational opinion reports may be offered separately by the parties.
- Any party submitting exhibits, including joint exhibits, shall include a table of contents.
- Claimant shall identify his or her exhibits numerically. Defendants shall do so alphabetically. The Fund shall use double alphabetical references such as AA, BB, CC, and so forth. Joint exhibits shall be identified numerically, preceded by the letters “JE” e.g. JE1-1, JE1-2, JE2-3, JE2-4, and so forth. Each page of every exhibit shall be numbered with Exhibit Letter or Number and the page number. For example, the bottom right hand corner of each page will include A-1, A-2, B-3, B-4, and so forth.
- Highlighting is permitted, but not required.
- Any handwritten evidence shall be legible or shall contain a typewritten translation initialed by the original author of the handwritten evidence.
- No duplicates should be included.
- Any video evidence should be provided in MP4 format or any other universal format. The evidence shall be submitted only on DVD format. If audio or visual evidence (e.g. video/DVD/CD) is included in the evidence presentation at hearing, the party referencing the materials shall provide the equipment necessary for its presentation.
- Page limits for exhibits will be enforced and are as follows:
- A. 50-pages per party for individual exhibits;
- B. 100 additional pages for joint exhibits.
- The requesting party’s hearing time will be used to determine the relevancy of proposed exhibits that exceed these limits. The submission of extensive medical treatment records may not be allowed when only the extent of permanent disability is in dispute. A deputy in his or her discretion may allow a party, or parties, to exceed the above-stated page limits upon a showing of good cause.
- In addition to hardcopies of exhibits introduced at hearing, exhibits shall also be scanned and provided to the deputy on a CD at the start of the hearing. If new exhibits are admitted into evidence at the time of hearing, a new CD shall be prepared by the parties which includes the entirety of the exhibits and mailed to the deputy within five days of the end of the hearing.
2017 Change in Iowa Falls Venue
Beginning in 2017, DWC will no longer hold hearings in Iowa Falls. Instead we will hold hearings in Fort Dodge, on the Iowa Central Community College campus, at the following location:
3 Triton Circle
Fort Dodge, IA 50501
Discovery under the new Iowa rules of civil procedure and workers’ compensation cases
A number of attorneys have inquired as to how this agency will apply the new changes to the Iowa Rules of Civil Procedure. The following is general guidance as to how the agency is proceeding.
Rule 876 IAC 4.35 requires this agency to follow the Iowa Rules of Civil Procedure unless it is inconsistent with Iowa Code chapters 85, 85A, 85B, 86, 87 and the rules of this agency. As of January 1, 2015 a number of changes took effect concerning the Iowa Rules of Civil Procedure. A committee consisting of members of the Workers’ Compensation Advisory Board, Iowa Workers’ Compensation Lawyers and some deputy workers’ compensation commissioners reviewed the new rules. As commissioner, I was presented the report of that committee.
At present this agency is not applying the new rules that require automatic disclosure of information as required by Iowa Rule of Civil Procedure 1.500(1). The new disclosure requirements under rule 1.500(1) are triggered by a required discovery conference. As the current procedure before this agency does not have a mandatory discovery conference, this rule is not consistent with current procedure and is not required.
The time limits set forth in 876 IAC 4.19 (a), (b), (c) and (d) as well as the hearing assignment order still applies. Parties are still required to disclose practitioners reports within twenty (20) days following an answer or ten (10) days following receipt pursuant to 876 IAC 4.17.
The agency has been applying the new Iowa Rules of Civil Procedure that require an attorney to call and speak to opposing counsel before filing a discovery motion. Iowa Rules of Civil Procedure 1.504(3) and 1.517(5) require that before a motion for a protective order or other discovery motion be filed the moving party call or attempt to call and speak to opposing counsel. The movant must certify in the motion this was complied with when filing a discovery motion. If the representatives of the parties actually speak personally on the phone, a fair number of discovery disputes will be resolved without the intervention of the agency.
This guidance is meant to be informational. Rulings made by the deputy workers’ compensation commissioners, the commissioner and the courts could change the above information.
Second Compromise Settlement
The Division of Workers’ Compensation will not approve a second compromise settlement for the approval of an MSA set aside. A file stamped addendum is all that will be accepted for filing. The addendum can then be attached to the original settlement and send to CMS. If a reliable source informs the division that CMS is not accepting that as compliant, the division will revisit the issue once what CMS actually requires is apparent.
Frequently Asked Questions About HIPAA & Workers' Compensation
State law says I may disclose records, relating to the treatment I provided to an injured worker, to a workers' compensation insurer for purposes of determining the amount of or entitlement to payment under the workers' compensation system. Am I allowed to share this information under the HIPAA Privacy Rule?
Yes. A covered entity is permitted to disclose an individual's health information as necessary to comply with and to the full extent authorized by workers' compensation law.
State law says I may provide information regarding an injured workers' previous condition, which is not directly related to the claim for compensation, to an employer or insurer if I obtain the workers' written release. Am I permitted to make this disclosure under the HIPAA Privacy Rule?
Yes. A covered entity may disclose protected health information where the individual's written authorization has been obtained. A covered entity would be permitted to make the above disclosure if the individual signed such an authorization.
I am a health care provider and my State law says I have to provide a workers' compensation insurer, upon request, with an injured workers' records that related to treatment or hospitalization for which compensation is being sought. Am I permitted to disclose the information?
Yes. The HIPAA Privacy Rule permits a covered entity to disclose protected health information as necessary to comply with State law.
Does an individual have a right under the HIPAA Privacy Rule to restrict the protected health information his or her health care provider discloses for workers' compensation purposes?
No. Individuals do not have a right under the Privacy Rule to request that a covered entity restrict a disclosure of protected health information about them for workers' compensation purposes if the disclosure is required or authorized by a workers' compensation law.
Further information may be found at Summary of HIPPA rules.
Earned Income Tax Credit Information for Injured Iowans
Many injured workers will suffer a loss of income as a result of a disability or loss of employment. That loss of income may lead to entitlement to an Earned Income Tax Credit that can be explored when filing federal and state income taxes for wages earned in any year. Low-income taxpayers who may qualify for this credit can receive additional information at the following location:
Information regarding the Iowa state credit can be found at:
Department of Revenue Webpage
or by calling 1-800-367-3388.
Please do not direct questions regarding this Tax Credit to the Iowa Division of Workers’ Compensation.
2008 AMA Guides Task Force Recommendations
Reports from committee members:
- Matthew Dake
- James Gallagher
- John Brooke
- Dr. John Kuhnlein
- Marlon Mormann
- R. Saffin Parish
- Sara Sersland - response
- Peter Thill
Self-Insured Employer's link
In addition to the ability to check for the employer's workers' compensation carrier that we recently added to our site, this link will take you to the Iowa Insurance Commissioner's office and the list of approved self-insured employers in Iowa.
Iowa Insurance Division Webpage.
How Your Workers' Compensation Benefits can affect your Social Security Benefits.
For Answers to questions on how your social security benefits can be affected by workers' compensation benefits.
Resolution of Medical Fee Disputes
Over the past several months the Workers’ Compensation Commission has received numerous inquires regarding the resolution of medical fee disputes. As required by Iowa Code section 85.27(3), and rules 876 IAC 10.3 and 876 IAC 4.46, insurers and providers who have a medical fee dispute must take the following steps to resolve the dispute:
- An insurer who disputes a charge must give a provider written notice of the disputed charge within 60 days of receiving a bill. Charges not in dispute must be paid to the provider before using the procedures in rule 876 IAC 10.3.
- The notice should contain: names of employee and employer; date of injury; date of disputed treatment; the amount of the charge the insurer agrees to pay; the amount of the charge in dispute; the reason the charge is believed to be excessive or unnecessary, and the documentation relied on; the address for directing correspondence; and the procedures available through the Workers’ Compensation Commission to resolve the dispute.
- If the provider does not accept the amount the insurer agrees to pay, the provider must give written notice, and ask the disputed amount go to a reviewer for review.
- The person chosen as the reviewer cannot be the Workers’ Compensation Commission. If the parties cannot agree upon a reviewer, each shall submit a name to the commissioner, and the commissioner shall decide who is to act as a reviewer.
- The reviewer, as soon as practicable, is to determine in writing the amount of the charge that is reasonable and necessary. Costs of the review are to be paid as agreed to by the parties.
- A dispute over a charge can include the reasonableness of the charges. It may also include the necessity of the charge.
- A contested case proceeding may be commenced only after these steps for dispute resolution have been followed, and good faith efforts to resolve the dispute have failed. Such a proceeding must be commenced within 30 days after written determination is made by the reviewer.
- Rule 876 IAC 10.3 does not prevent providers and insurers from developing other procedures to informally resolve their disputes, if those procedures aid in the resolution of a medical fee dispute.
If the process, detailed in rule 876 IAC 10.3, does not resolve the dispute and the parties have attempted resolution in good faith, a contest case may be initiated, pursuant to rule 876 IAC 4.46. The following applies to contested cases regarding medical fee disputes:
- Evidence is filed at the time the contested case is initiated and is limited to that provided by the reviewer, and the determination made by the reviewer.
- The commissioner may request or allow additional evidence.
- If a brief is to be filed, it needs to be filed at the time the matter is commenced.
- The opposing party has 30 days from the date of service of the petition, to file a response and optionally a brief.
When submitting settlements for approval please following these requirements:
- Compromise Settlements under ICS 85.35(3) - please be specific in your dispute. Make it clear exactly what the dispute is. Nature and extent are not sufficient without supporting medical to clearly describe the dispute.
- Please remember that PPD benefits begin at the end of the healing or TTD period and not on a stipulated date or the date in which the doctor issues his rating.
- Please remember that accrued benefits cannot be commuted.
- PARs are not required except with Agreements for Settlement, and commutations, unless they are requested by the Workers' Compensation Compliance Administrator (WCCA).
- Do not include language in violation of rule 876 IAC 6.1(2) regarding any and all injuries and do not include language that says in other states or jurisdictions. Settlements with this language will be lined out and denied by the WCCA and the settlement will be approved.
Full and Partial Commutations
Please note that full and partial commutations will no longer be approved for accrued benefits, those benefits that were due at the end of the healing period. Stipulations by the parties as to a date on which permanent benefits commenced in lieu of those benefits commencing at the end of the healing period, will no longer be accepted. A commutation of less than 10 weeks is not considered in claimant's best interest. (5-1-07)
Present Value Discount Table is now available on the 535.3 Interest page.
First Report of Injury Compliance Hearings
Procedure for Judicial Review of the Division’s findings:
The deputy’s ruling on a penalty in a “FROI” compliance hearing is not subject to review by the workers’ compensation commissioner. Pursuant to Iowa Code section 86.26, any petition for judicial review arising from a deputy’s order assessing a penalty under Iowa Code section 86.12 shall name the Iowa Division of Workers’ Compensation and the injured worker as respondents. Proper service of the petition for judicial review shall be made on the Iowa Division of Workers’ Compensation, 1000 E. Grand Ave., Des Moines, Iowa 50319 and upon the Office of the Iowa Attorney General/Special Litigation Division, 1305 E. Walnut Street, Des Moines, Iowa 50319.
Relief from Insurance
An employer required to provide compensation under Chapters 85, 85A and 85B may apply for relief from insurance and to become self-insured pursuant to Chapter 87.11. The employer must make application for self-insurance to the Insurance Commissioner. The application includes furnishing satisfactory proof of solvency and financial ability to pay the compensation and benefits as by law required. Requests to become self-insured shall be directed to the Insurance Commissioner at 1-877-955-1212 or though their website at www.iid.iowa.gov.