All proposed settlements shall be submitted to the workers'
compensation commissioner for approval. An agreement for settlement pursuant to
Iowa Code section 85.35(2) shall be on Form 14-0021. A compromise settlement
pursuant to Iowa Code section 85.35(3) shall be on Form 14-0025. A combination
settlement pursuant to Iowa Code section 85.35(4) shall be on Form 14-0159. A
contingent settlement pursuant to Iowa Code section 85.35(5) shall be on Form
14-0161.
(1) Evidence that a
settlement should be approved as required by Iowa Code section 85.35(7) shall
accompany the settlement or be incorporated into the settlement forms. It is
presumed that the showing required by Iowa Code section 85.35(7) has been made
if the claimant is represented by an attorney licensed to practice law in this
state.
(2) The documents for a
compromise settlement shall identify either the specific date or dates of
injury or the specific injurious condition or conditions, or both. The
documents for a compromise settlement, including any addendum to the documents,
shall not contain any language that either expressly states or implies that the
proposed compromise settlement is a final settlement of any and all injuries,
known or unknown, that an employee may have sustained while employed by the
employer. If a compromise settlement is submitted that does not comply with
this subrule, the workers' compensation commissioner shall return the proposed
compromise settlement to the party that submitted it.
(3) Approval of a compromise settlement
pursuant to Iowa Code section 85.35(3) is a final bar to rights under the Iowa
workers' compensation law, and the approved compromise settlement is not
subject to review under Iowa Code section 85.26(2).
(4) Nothing in this rule shall prohibit the
approval of settlements in other appropriate cases when allowed by Iowa Code
section
85.35(7).
This rule is intended to implement Iowa Code section
85.35.
Notes
Iowa Admin. Code r. 876-6.1
Amended by
IAB
December 20, 2017/Volume XL, Number 13, effective
1/24/2018
