Official State of Iowa Website Here is how you know

Hearings

The Iowa Division of Workers' Compensation (DWC) is the neutral tribunal for contested case proceedings under Iowa workers' compensation law.

Deputy workers' compensation commissioners preside over hearings between the parties in contested case proceedings.

Hearing Schedule

The online DWC hearing schedule is linked to the Workers' Compensation Electronic System (WCES) and updates every 30 minutes.

Disclaimer

The hearing schedule does not supersede a notice of hearing or hearing assignment order filed in a case. DWC strives for the hearing schedule to accurately reflect the information in the notice of hearing or hearing assignment order. If you notice a discrepancy between the notice of hearing or hearing assignment ordered filed in your case and the online hearing schedule, please notify the DWC hearing scheduler promptly. To view the DWC hearing scheduler's contact information, click here.

Instructions

Below are instructions on how to read and use the hearing schedule.

Sort by Attorney, deputy, or Venue

The DWC hearing schedule allows you to sort by venue, attorney, or presiding deputy workers' compensation commissioner. 

When sorting by attorney, opposing counsel does not appear in the case information. To find opposing counsel on the search-by-attorney page, you may search using Control-F or Command-F to use your browser's search function and then typing in the agency file number, which will appear under the names of both the claimant's attorney and defense attorney.

Primary Hearing Status

All hearings at the Des Moines venue have primary status. There are two primary hearing times each day at road venues:  one in the morning and one in the afternoon. All cases assigned primary status will have "Primary" next to the date and time of the hearing. DWC does not assign a slot number to a case in primary hearing status.

Secondary (Backup) Hearing Status & Slot Numbers

Each day of hearings at a road venue has four potential secondary (backup) slots. A case is assigned Secondary Slot Number 1 through 4. All cases assigned secondary status will have "Secondary" next to the date and time of the hearing. Cases in secondary status have 6:00 p.m. listed next to the date of the case name because this is the placeholder time used on WCES for secondary hearings.

If either of the cases assigned a primary hearing slot settle, the cases assigned backup slots will move up as follows:

  • The case assigned Backup Slot No. 1 will become a primary hearing, filling the spot left vacant by the settlement.
  • The case assigned Backup Slot No. 2 will move up to Backup Slot No. 1.
  • The case assigned Backup Slot No. 3 will move up to Backup Slot No. 2.
  • The case assigned Backup Slot No. 4 will move up to Backup Slot No. 3.

For more information about how primary and secondary (or backup) hearing assignments work, click here.

Notes

The third column from the left on the hearing schedule is the "Notes" column. DWC may include notes about a hearing such as:

  • If the hearing will be conducted by telephone
  • The type of hearing (e.g., alternate care)
  • Any consolidated file numbers

Search

To search the hearing schedule, Use your browser's find functionality to search for any items on these pages (Ctrl-F or Command-F).

To search for an attorney, hit Ctrl-f or Command-f to use your browser's find functionality. Then type in the attorney's last name, comma, and first name (e.g., "Doe , Jane").

To search for a venue, hit Ctrl-f or Command-f to use your browser's find functionality. Then type in the venue's name (e.g., "Des Moines," "Cedar Rapids," "Sioux City," etc.).

Reasonable Accommodation

DWC is committed to providing reasonable accommodations to individuals with disabilities to allow them to participate in hearings before the agency. If you need a reasonable accommodation, please contact the assistance workers' compensation commissioner as soon as possible to initiate the process.

Language Interpretation Services

If a party or witness is unable to understand written or spoken English, an interpreter may be needed for the hearing. DWC is not responsible for providing interpretation services for hearings.Parties are required to work together to procure the services of an English language interpreter under Iowa Code chapter 622B. If required under Iowa Code chapter 622A, the defendant(s) must provide the audio tape recorder and audio tapes for hearing.

Arbitration Hearings

DWC will hold an arbitration hearing in a case initiated by the filing of an Original Notice & Petition, Form 100. Arbitration hearings are the most common type of hearing. A deputy workers' compensation commissioner presides over each arbitration hearing.

Live internet-based video on Zoom is the default method of holding a hearing. The parties may jointly move to hold an in-person hearing at least 60 days prior to the hearing. 

Scheduling an Arbitration Hearing

Is there a Quick Start Guide available?

Yes, Tybera has made a Quick Start Guide to help show you how to request an arbitration hearing on WCES.

Is there a tutorial video available?

Yes, Tybera made a tutorial video to help show you how to request an arbitration hearing on WCES.

Is there a deadline for scheduling your hearing?

Under agency rules, the parties must schedule an arbitration hearing within 120 days of the date on which the claimant filed the petition.

Failure to timely schedule a hearing may result in the agency unilaterally scheduling the date, time, and location of the hearing in your case.

How do you schedule an arbitration hearing?

Parties must work together to request a hearing date, time, and place, using the hearing scheduling tool on the Workers' Compensation Electronic System (WCES).

How do you know what dates and times are available for you to schedule a hearing?

You may reference the DWC hearing schedule and search by deputy to see what dates and times the presiding deputy in your case has available.

how do you schedule a hearing in a consolidated case? 

If your case is a consolidated case, you should do all of the following when submitting a hearing request on WCES:

  1. Submit a hearing request under only one of the DWC file numbers that make up the consolidated case; and
  2. On the "Review and Submit Filing" screen, in the field labeled, "Special Filing Instructions for the Clerk," type a note informing DWC that the case is a consolidated case and list all DWC file number(s) that make up the consolidated case. 

Failure to do the above when submitting a hearing request on WCES in a consolidated case may result in DWC rejecting your request or DWC approving your request but for only one of the DWC file numbers that makes up the consolidated case.

How do you know if your hearing request is approved? 

DWC will send you a notification on WCES regarding your hearing request.

If DWC approves your hearing request, you will receive a notification of acceptance via WCES. DWC will also issue a hearing assignment order after approval of a hearing request.

You should make sure that your WCES account information is up to date so that you receive WCES notifications at the correct email address(es).

How do you know if your hearing request is rejected? 

DWC will send you a notification on WCES regarding your hearing request.

If DWC rejects your hearing request, you will receive a notification via WCES that DWC has returned your request to you.

You should make sure that your WCES account information is up to date so that you receive WCES notifications at the correct email address(es).

What should you do if DWC rejects your hearing request?

If DWC rejects your hearing request, you must work with all other parties to identify a new potential hearing date and submit the request for that date using the WCES hearing request tool.

Do you use the WCES hearing request tool to schedule a hearing concerning application for alternate care?

No, you do not use the WCES hearing request tool to schedule a hearing concerning application for alternate care. 

How do you request secondary (backup) hearing and primary hearing dates at a road venue on WCES?

The WCES hearing request tool allows you to request secondary (backup) hearing and primary hearing dates at road venues. After you select a city that is a road venue on the hearing request page on WCES, you will be able to request secondary (backup) hearing and primary hearing dates at the road venue.

Requesting a secondary (backup) hearing is mandatory. Requesting a primary hearing is optional. If you wish to request a primary hearing, the request must be made in the same submission as the secondary (backup) hearing request on WCES. The secondary (backup) hearing date must be earlier in time than your primary hearing date.

Should you call or email DWC to request a hearing?

No, you should not call or email DWC to request a hearing. WCES sends a notification by email to DWC when a hearing request is submitted.  DWC will not consider a hearing request submitted by email or phone call unless there is a technical failure in WCES.

What should you do if you need to change the date of hearing in a case where the agency has already issued a hearing assignment order?

If you need to change the date of hearing in your case, you should eFile a motion to continue on WCES for consideration by the presiding deputy.

What should you do if there is a technical failure in WCES that prevents submission of hearing requests?

If there is a technical failure in WCES that prevents you from submitting hearing requests, the Commissioner will issue an order governing the procedures for submitting hearing requests during the time period of the technical failure on WCES. DWC will post any such order on the DWC website. You should comply with any such order of the Commissioner relating to the submission of hearing requests.

In-Person Hearing Locations

Most hearings DWC holds are via live internet-based video. DWC holds in-person hearings at the eight locations listed below in alphabetical order.

Cedar Rapids (CR), 6th Judicial District

Lindale Mall
4444 1st Avenue NE, Suite 436
Cedar Rapids, IA  52402

Council Bluffs (CB), 4th Judicial District

Pottawattamie Co. Courthouse
227 South 6th Street
Council Bluffs, IA 51501

Davenport (DA), 7th Judicial District

IowaWORKS Center
1801 East Kimberly Road, Suite 1
Davenport, IA  52807

Des Moines (DM), 5th Judicial District

Division of Workers' Compensation
150 Des Moines Street
Des Moines, IA 50309

Fort Dodge (FD), 2nd Judicial District

IowaWORKS
3 Triton Circle
Fort Dodge, IA 50501

Ottumwa  (OT), 8th Judicial District

Indian Hills Community College
IowaWORKS
IHCC North Campus
15260 Truman Street
Ottumwa, IA  52501

Sioux City (SC), 3rd Judicial District

IowaWORKS
2508 4th Street
Sioux City, IA  51101

Waterloo (WA), 1st Judicial District

IowaWORKS
3420 University Avenue
Waterloo, IA  50701

Prehearing Procedures

Agency rules and the hearing assignment order govern prehearing procedures.

Exhibits

To aid attorneys and unrepresented parties in the preparation of exhibits for consideration in hearings, DWC developed the Uniform Guidelines for Preparation of Hearing Exhibits

Arbitration Decision

The presiding deputy will issue an arbitration decision with determinations on the disputed issues between the parties. If a party does not timely file an application for rehearing or a notice of appeal, the arbitration decision becomes final.

Appeal of Arbitration Decision to Commissioner

Within 20 days of the issuance of the deputy’s arbitration decision or ruling on rehearing, a party may file an appeal to the Commissioner. The notice of appeal must be eFiled on WCES unless the filing party has been granted permission to file documents in paper form. If such permission has been granted, the notice of appeal must be filed at the following address:  Workers’ Compensation Commissioner, Iowa Division of Workers’ Compensation, 150 Des Moines Street, Des Moines, Iowa 50309-1836.  The notice of appeal must be received by the Division of Workers’ Compensation within 20 days from the date of the decision.  The appeal period will be extended to the next business day if the last day to appeal falls on a weekend or legal holiday.

Judicial Review of Commissioner's Appeal Decision

If a party does not timely file an application for rehearing, the Commissioner’s decision becomes final agency action. Within 30 days of the Commissioner’s appeal decision, a party may seek judicial review of the decision in an appropriate Iowa district court under the Iowa Administrative Procedure Act, Iowa Code chapter 17A.

Alternate Care Hearings

The Iowa Division of Workers' Compensation (DWC) uses an expedited process for alternate care hearings. DWC conducts alternate care hearings by phone, unless a party requests an in-person hearing. If a party requests an in-person alternate care hearing, the hearing is held in Des Moines, Iowa.

Effect of Disputed Liability

Iowa Administrative Code rule 876—4.48 governs applications for alternate care. Rule 876—4.48(6) is properly invoked only where liability of the employer is not at issue. If the defendant(s) place liability at issue, the petition concerning application for alternate care will be dismissed without prejudice. 

Participation

DWC sends a notice of hearing to all parties. The notice of hearing contains instructions on how to participate in the hearing.

Telephone Hearings

DWC will call the parties and/or attorneys at the phone number(s) provided in the pleadings at the time of hearing. If a party or attorney needs DWC to call them for the hearing at a phone number different than the one provided in pleadings, the party or attorney must notify the DWC no later than 4:30 p.m. Iowa time on the last business day before the date of hearing. 

In-Person Hearings

The parties and/or attorneys must attend and participate in the hearing in person at the time and location in the notice of hearing.

Failure to Participate

Failure to participate in the hearing by the claimant may result in dismissal of the petition.

Failure to participate in the hearing by the defendant(s) may result in a decision granting the relief sought by the claimant.

Representation

A party may be represented at hearing under Iowa Administrative Code rule 876—4.48(13).

Evidence

The parties must be prepared to present their case at the time of hearing. All written evidence must be:

  • Limited to ten (10) or fewer pages.
  • Exchanged with all parties before the time of hearing.
  • eFiled on WCES before the time of hearing. 

Discovery

Discovery is optional. Any discovery must be completed prior to hearing. DWC will not rule on discovery disputes or motions.

Briefs

Briefs are optional. Any briefs must be eFiled on WCES before the date of hearing. Briefs are limited to three (3) pages in length.

Alternate CAre Decision

DWC will issue a decision on the application for alternate care within ten (10) business days of the date on which the petition was filed.

The Iowa Workers' Compensation Commissioner issued an order delegating to the presiding deputy commissioner the authority to issue a final agency decision on an application for alternate care. There is no appeal to the Commissioner of an alternate care decision. The only appeal of an alternate care decision is by judicial review in the appropriate Iowa district court under the Iowa Administrative Procedure Act, Iowa Code chapter 17A.