Iowa 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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