Iowa Admin. Code r. 876-6.2 - Commutation
The following requirements must be met before a commutation will be considered or granted:
(1) A
first report of injury, an acknowledgment of compensability and an updated
supplemental claim activity report must be filed.
(2) The commutation forms provided for in
876-6.4 (85,86) must be filed.
(3)
All doctors' and practitioners' reports relevant to the disability of the
claimant involved in the commutation must be attached to the commutation
forms.
(4) Claimant's condition as
a result of the injury as shown by the medical reports cannot be one which will
be expected to deteriorate. When a partial commutation is sought, this subrule
shall diminish in importance.
(5)
Claimant's condition as a result of the injury shown by the doctors' and
practitioners' reports cannot be one which will be expected to require future
treatment unless the future treatment is adequately provided for. When a
partial commutation is sought, this subrule shall diminish in
importance.
(6) A detailed
statement of claimant's need or other reason for a lump sum of money must be
attached to the application. The analysis shall include disclosure of any
attorney fee and case expense amount to be paid from the full commutation. If
all parties are represented by an attorney, the parties may waive the statement
of need, unless the case involves a dependent who is a minor.
(7) When multiple dependents are involved, a
signed stipulation or order of apportionment identifying the proportion of
benefits to be received by each dependent shall be attached to the commutation
form.
(8) A signed stipulation as
to the degree of permanent disability shall be attached to the commutation
form.
(9) If all parties are
represented by an attorney, a commutation of benefits is presumed to be in the
best interests of the claimant.
(10) If all parties are represented by an
attorney, the parties may stipulate to the definitely determined period of
compensation.
This rule is intended to implement Iowa Code sections 85.45 and 85.47.
Notes
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