(1)
Purpose. The purpose of this rule is to establish the
procedures for issuing decisions on applications for vocational training,
education, and supplies provided for in Iowa Code section 85.70(2).
(2)
Definitions. The
following definitions apply to this rule:
"Application for vocational training and education
hearing" or "application" means a contested case
proceeding filed with the division of workers' compensation contesting the
results of an evaluation and determination or contesting or requesting the
termination of a vocational training and education program.
"Evaluation and determination" means an
assessment conducted by the department of workforce development to determine if
the employee would benefit from a vocational training and education program
offered through an area community college to allow the employee to return to
the workforce.
"Request for vocational training and
education" or "request" means a written request for
an evaluation and determination of whether an employee is entitled to
vocational training, education, and supplies.
"Vocational training and education" shall
include general educational development programs for employees who have not
graduated from high school or obtained a general education diploma, and career
and technical education programs that provide instruction in the areas of
agriculture, family and consumer sciences, health occupations, business,
industrial technology, and marketing, offered through an area community college
that will allow the employee to return to the workforce.
(3)
Application for vocational
training and education.
a. An
application shall:
(1) Only concern the issue
of vocational training, education, and supplies;
(2) Be filed on the form provided by the
division of workers' compensation;
(3) State the reasons for the
application;
(4) Be served on the
other party;
(5) Contain a proof of
service on the other party; and
(6)
Specify whether a telephone or in-person hearing is requested.
b. An application for vocational
training and education must be filed in WCES unless a party has been granted a
waiver of the mandatory use of WCES, in which case the party shall file the
application for vocational training and education with the division of workers'
compensation. Applicant(s) must serve a copy of this form on the appellee(s) by
certified mail, return receipt requested, or by personal service as in civil
actions in accordance with rule
876-4.7 (86,17A) and mail a copy to the attorney
of record for the appellee(s), if known, in accordance with rule
876-4.13 (86).
(4)
Fee. No filing fee is due. See paragraph
4.8(2)"a."
(5)
Request for vocational education and training. Prior to filing
an application, the employee shall complete a request on a form supplied by the
department of workforce development and submit the completed form to the
department of workforce development asking for an evaluation and determination.
The employee, employer, or insurance carrier may contest the results of the
evaluation and determination by filing an application with the division of
workers' compensation.
(6)
Proper application. An application may not be filed under this
rule until:
a. An evaluation and determination
has been made by the department of workforce development; and
b. There has been a finding by the division
of workers' compensation or the employer or the employer's insurance carrier or
both and the employee agree that the employee has sustained an injury to the
shoulder resulting in a permanent partial disability for which compensation is
payable under Iowa Code section 85.34(2)
"n," and the employee
cannot return to gainful employment because of such disability.
(7)
Notice of
hearing. The workers' compensation commissioner shall notify the
parties by electronic mail, ordinary mail, or facsimile of the time, place, and
nature of the hearing. No notice will be made until a proper application is
received by the workers' compensation commissioner. The notice shall specify
whether the hearing will be held by telephone or in person.
(8)
Evidence. Any written
evidence to be used by the employer, the employer's insurance carrier, or the
employee must be exchanged prior to the hearing. All written evidence must be
filed with the agency before the date of hearing. Written evidence shall be
limited to 50 pages per party.
(9)
Motion to change hearing type. A timely motion to change the
type of hearing (telephone or in-person) may be considered prior to the
hearing. The workers' compensation commissioner will make no rulings on
motions.
(10)
Briefs. Hearing briefs, if any, must be filed with the agency
before the date of the hearing and shall be limited to five pages.
(11)
Hearing. The hearing
will be held either by telephone or in person in Des Moines, Iowa. If the party
filing the application does not request an in-person hearing in the
application, the other parties may request an in-person hearing. The hearing
will be recorded electronically. Copies of the recording will be provided to
the parties. If there is an appeal of a proposed decision or judicial review of
final agency action, the appealing party is responsible for filing a transcript
of the hearing. A transcript shall be provided by the appealing party pursuant
to Iowa Code section 86.24(4) and a copy of the transcript shall be served on
the opposing party at the time the transcript is filed with the workers'
compensation commissioner, unless the parties submit an agreed-upon transcript.
If a party disputes the accuracy of any transcript prepared by the opposing
party, that party shall submit its contentions to the workers' compensation
commissioner for resolution. Any transcription charges incurred by the workers'
compensation commissioner in resolving the dispute shall be initially paid by
the party that disputes the accuracy of the transcript, pursuant to Iowa Code
section 86.19(1).
(12)
Represented party. A party may be represented as provided in
Iowa Code section 631.14. The presiding deputy may permit a party who is a
natural person to be assisted during a hearing by any person who does so
without cost to that party if the assistance promotes full and fair disclosure
of the facts or otherwise enhances the conduct of the hearing. The employer and
the employer's insurance carrier shall be treated as one party unless their
interests appear to be in conflict, and a representative of either the employer
or the employer's insurance carrier shall be deemed to be a representative of
both unless notice to the contrary is given.
(13)
Decision. A decision
will be issued within 30 working days of receipt of a proper application.
This rule is intended to implement Iowa Code sections 17A.12,
85.70(2), and 86.17.