The workers' compensation commissioner or the workers'
compensation commissioner's designee (hereinafter collectively referred to as
the workers' compensation commissioner) shall be available to resolve disputes
relating to the Iowa workers' compensation law (Iowa Code chapters 85, 85A,
85B, 86, and 87) prior to the initiation of a contested case proceeding.
Persons are encouraged to utilize the informal procedure provided herein so
that a settlement may be reached between the parties without the necessity of a
contested case proceeding. Informal procedures may be initiated as requested by
any party either before or after a first report of injury has been filed. After
a first report of injury is filed with the workers' compensation commissioner,
a letter is provided to the injured employee. That letter includes an
explanation of the function of the office of the workers' compensation
commissioner, an explanation of informal dispute resolution procedures and
information contained on the first report of injury. Additionally, even where a
first report of injury is not on file, any party who elects to engage in
informal dispute resolution may contact the workers' compensation commissioner
by telephone or mail for information regarding the claim. Documentation
regarding the claim may be submitted to or requested by the workers'
compensation commissioner The workers' compensation commissioner may respond to
the parties either by telephone or, when appropriate, in writing regarding the
information sought by the parties.
The informal procedures described in these rules are designed
to be flexible enough to resolve any issue that any party believes is amenable
to informal dispute resolution or that with the consent of the workers'
compensation commissioner should be made the subject of informal dispute
resolution procedures.
(1) Nondisputed
matters. If the parties agree that the claimant is correctly compensated and
all benefits due and owing have been or will be paid, the parties need not file
any other pleading or document with the workers' compensation commissioner
except that claims activity reports must be filed in accordance with rule
876-3.1 (17A).
(2) Disputed matters. In the event the
parties dispute whether the claimant is entitled to compensation or whether the
claimant has received all benefits to which the claimant was entitled, then the
parties to the dispute may elect to engage in the informal dispute resolution
procedures described herein.
(3)
Notification of election, statute of limitations. Within the time a claimant
may file an original proceeding with the workers' compensation commissioner,
either party to a disputed claim may notify the workers' compensation
commissioner of the desire to engage in an informal proceeding to resolve the
dispute. If the dispute cannot be resolved informally, claimant will have the
right to file an original notice and petition to commence a contested case
proceeding as provided by 876-Chapter 4. An election to engage in informal
dispute resolution procedures will not toll the statute of limitations for
filing an original notice and petition.
(4) Good faith effort to resolve disputes.
Before the parties will be allowed to elect any alternative dispute resolution
procedures including those identified in rules
876-4.40 (73GA,ch1261) and
876-4.46 (17A,85,86), they must
make a good faith effort to resolve their dispute. The parties may file a
professional statement signed by all parties and their representatives or an
affidavit by an unrepresented party filed with the workers' compensation
commissioner attesting to the good faith attempts to settle the dispute prior
to utilizing the procedures described in these rules. The professional
statement will be deemed sufficient to meet the requirements of this rule.
Notwithstanding the foregoing, a claimant who files a contested case proceeding
in order to toll the statute of limitations included in Iowa Code chapters 85,
85A, 85B, and 86 may elect alternative dispute resolution procedures including
the informal procedures described in this chapter even though claimant or
claimant's representative did not engage in settlement negotiations prior to
the time the contested case proceeding was filed.
(5) Informal dispute resolution procedures
include the dispute resolution procedures described in rule
876-4.40 (73GA,ch1261). The
workers' compensation commissioner has the power to impose sanctions in
informal dispute resolution procedures.
(6) Rescinded lAB 6/22/94, effective
7/1/94.
(7) An employee of the
division of workers' compensation who has been involved in informal dispute
resolution pursuant to subrules 10.1(5) and 10.1(6) shall not be a witness in
any contested case proceeding under 876-Chapter 4.
(8) Nothing in this rule is intended to
prevent settlement prior to using the dispute resolution procedures.
This rule is intended to implement Iowa Code section 86.8, and
1990 Iowa Acts, chapter 1261, section 3.
