REGULATORY ACTIVITY:

• The Iowa Division of Workers' Compensation (DWC) is implementing mandatory electronic filing (eFiling) on the Workers' Compensation Electronic System (WCES). Release 3.1 EDI Website —Effective July 16, 2019, EDI filings must be made on the Release 3.1 EDI Website. For more information, go to https://www.iwddwcedi.info/.  Other filings — Effective July 22, 2019, other filings with the DWC (e.g., documents in contested case proceedings, settlement documents, and commutation documents) must be eFiled on WCES at: https://efile.iowaworkcomp.gov/.
• Changes to Rules:  To implement mandatory eFiling on WCES, the DWC amended existing rules and issued new rules. This week, the DWC adopted the changes to the rules in ARC 4472C. To view ARC 4472C, go to https://www.iowaworkcomp.gov/workers-compensation-electronic-system-wces-update-july-12-2019 .
• Forthcoming Order: The Iowa Workers' Compensation Commissioner will issue an order on the transition to WCES and deadlines for the eFiling of documents under the rules, as amended.

New Forms

• The DWC must change some of its forms due to the transition to WCES.
• The DWC will post the new forms on its website when they are finalized.
• The new forms will be required effective July 22, 2019.

To view this announcement, go to  https://www.iowaworkcomp.gov/news-and-updates.

• The Iowa Workers' Compensation Commissioner issued an order In the Matter of Certain Deadlines for Electronic Filing on the Workers' Compensation Electronic System.  To view the order, go to https://www.iowaworkcomp.gov/news-and-updates.  The order was filed on July 15, 2019 effective July 22, 2019.
• The Iowa Division of Workers' Compensation (DWC) is implementing mandatory electronic filing (eFiling) on the Workers' Compensation Electronic System (WCES) in contested cases effective July 22, 2019. As part of the transition to mandatory eFiling on WCES, the DWC has made changes to the Uniform Guidelines for Preparation of Hearing Exhibits (Uniform Guidelines). The new Uniform Guidelines take effect on July 22, 2019.  To view the guidelines, go to https://www.iowaworkcomp.gov/news-and-updates.

REGULATORY ACTIVITY:

• Posted notice of intended action in regards to amending Chapter 2, “General Provisions,” Chapter 3, “Forms,” Chapter 4, “Contested Cases,” Chapter 5, “Declaratory Orders,” Chapter 10, “Informal Dispute Resolution Procedures,” and Chapter 11, “Electronic Data Interchange (EDI),”Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rule making must be received by the Division no later than 4:30 p.m. on June 25, 2019. Comments should be directed to: James Elliott, Division of Workers’ Compensation 1000 East Grand Avenue, Des Moines, Iowa 50319Phone: 515.725.3829Fax: 515.281.6501Email: elliott@iwd.iowa.gov.  A public hearing will be held on June 25, 2019 at 9:30 a.m. in Room 106 150 Des Moines Street, Des Moines Iowa.  To view the notice and proposed rules, go to https://www.legis.iowa.gov/law/administrativeRules.

REGULATORY ACTIVITY:

• Published notice in the state register of adoption of rule 876-8.8(85,17A Payroll tax tables.  The tables became effective January 1, 2019.  The adopted rule was published in the state register on April 24, 2019. To view the notice, go to https://www.legis.iowa.gov/law/administrativeRules.

LEGISLATIVE ACTIONS:

• Senate File 507

The legislation established an additional condition regarding injuries to a person at work.  The statute now provides that personal injuries due to idiopathic or unexplained falls from a level surface on the same level surface do not arise out of and in the course of employment and are not compensable under the workers’ compensation statutes.  Effective Date July 1, 2019.

REGULATORY ACTIVITY:

• The Workers' Compensation Division posted notice of intent to propose rule making related to payroll tax tables and providing an opportunity for public comment.  To view the register in which the notice was posted, go to https://www.legis.iowa.gov/law/administrativeRules.

REGULATORY ACTIVITY:

• The Iowa Workforce Development Department has adopted amendments to a rule related to vocational training eligibility requirements. To view the posting in the current register, go to https://www.legis.iowa.gov/law/administrativeRules.

REGULATORY ACTIVITY:

• The Workers’ Compensation Commissioner proposes to amend Chapter 2, “General Provisions,” Chapter 3, “Forms,” Chapter 4, “Contested Cases,” Chapter 5, “Declaratory Orders,” Chapter 10, “Informal Dispute Resolution Procedures,” and Chapter 11, “Electronic Data Interchange (EDI),” Iowa Administrative Code.  This rule making implements, in whole or in part, Iowa Code sections 26, 85.27, 86.8, 86.13, 86.18, 86.24, 86.40 and 87.22These proposed amendments will facilitate the electronic filing of claims and EDI information with the agency.  To view the notice and proposed rule, go to https://www.legis.iowa.gov/law/administrativeRules. 
• On August 29, 2018, the Division of Workers’ Compensation published in the Iowa Administrative Bulletin a Notice of Intended Action concerning rules for the Workers’ Compensation Electronic System (WCES). The link to the Iowa Administrative Bulletin is: https://www.legis.iowa.gov/docs/aco/bulletin/08-29-2018.pdf. Written or oral comments were accepted by the Division no later than 4:30 p.m. on September 18, 2018.
• The following was published:

NOTICE OF DELAY FOR START OF THE WORKERS’ COMPENSATION ELECTRONIC FILING, CASE MANAGEMENT, HEARING SCHEDULING AND EDI SYSTEM (WCES).

The Division of Workers’ Compensation is announcing a delay in the roll-out of WCES, the new electronic filing, case management, hearing scheduling and EDI system for workers’ compensation, WCES.

The Division had planned to Go-Live on December 3, 2018.  It has been determined it is not possible to thoroughly test the system before December 3, 2018. The Division was advised to delay the Go-Live date until we can be confident WCES has been thoroughly tested. A new Go-Live date for WCES has not been determined. Work will not stop on this project and the Division will publish a revised Go-Live date once we have agreement among the vendors and the Division. The delay in the go-live date applies to both filing in contested claims as well as EDI.  EDI filers will continue to file using EDI Release 2.0 until WCES goes live and then will switch to EDI Release 3.1. Claimants, employers and insurance carriers will continue to file paper documents in contested claims until WCES goes live.  The process for scheduling hearings will also remain as it is currently until WCES goes live. This bulletin is in regard to USE OF THE LATEST DIVISION OF WORKERS’ COMPENSATION FORMS.

A number of parties have not been using the most current forms from the Division’s web site. Specifically, the Compromise Settlement form 14-0025 (revised August 2018) is not being used by many parties. Please use the most recent form when filing with the Division as required by Iowa Admin. Code r. 876-3.1(2018).

REGULATORY ACTIVITY:

• Posted notice in the state register that the Workers’ Compensation Commission amends Chapter 8 regarding the filing of payroll tax tables.  The amended rule becomes effective on August 8, 2018.  To view the rule, go to https://www.legis.iowa.gov/law/administrativeRules.

REGULATORY ACTIVITY:

• Posted notice in the state register to amend Chapter 8, "Substantive and Interpretive Rules in the Iowa Administrative Code. This amendment updates references to the tables which determine payroll taxes, as required by Iowa Code section 85.61(6).  To view the rule, go to https://www.legis.iowa.gov/law/administrativeRules.
• By order of the Commissioner, beginning July 1, 2018, the Iowa Division of Workers’ Compensation will impose a monetary late settlement sanction on parties in cases where settlements are reported to the Division less than 24 hours before the scheduled start time of the hearing.  Settlements must be reported to both the Division and the Deputy Commissioner assigned to hear the case 24 hours or more before the hearing is scheduled to start to avoid imposition of the sanction.  This sanction is modeled on the late settlement sanction which is imposed by the Iowa District Courts.  The Division has recently experienced an increase in late settlements, which places further strains on diminishing resources.  This action is necessary to allow the Division to better serve the people of the State of Iowa.  The late settlement sanction order is effective for all cases with hearing dates of July 1, 2018, or later. Claims that have been assessed a late settlement sanction will not have the settlement approved until the sanction has been paid.  The late settlement sanctions shall be paid to the Division of Workers’ Compensation and all funds received will be paid over to the Iowa General Fund. The late settlement sanction will apply in cases filed using the Form 100.  It will also apply in full and partial commutation cases filed before July 1, 2017.  It is not applicable to alternate medical care, vocational benefits or compliance proceedings. Beginning in June 2018, the late settlement sanction order will be provided to the parties in all contested cases with hearing dates of July 1, 2018, or later, and it will also be incorporated into the hearing assignment order in all new cases.  The order is found below:

ORDER

Late Settlement Sanction.  Effective July 1, 2018, parties are hereby ordered to report any settlement in any contested matter to the Division of Workers’ Compensation and to the Deputy Commissioner assigned to hear the case no less than 24 hours before the scheduled start time of the hearing.  If a settlement is not reported, or if the settlement is reported less than 24 hours before the scheduled start time of the hearing,​ or if the case is settled during the hearing, or after the hearing before a decision of a deputy commissioner is issued, the parties shall be sanctioned a total amount of $300.00.​  The sanction shall be assessed in equal proportionate shares against the claimant and the self-insured employer or the insurance carrier(s), unless the parties reach a different arrangement among themselves as part of the settlement for payment of the sanction.  See 876 IAC 4.36 and 4.40.  This sanction will not apply in any case where the Second Injury Fund of Iowa is the only defendant and it will not be assessed against the Second Injury Fund in any other case.  This sanction will not apply in alternate medical care proceedings.  If there is a showing of good cause, this sanction may be waived at the discretion of the hearing deputy.  The sanction monies shall be made payable to the Division of Workers’ Compensation and sent to the Division of Workers’ Compensation, 1000 E. Grand Ave., Des Moines, IA  50319-0209.  The sanction monies will be forwarded by the Division of Workers’ Compensation to the Treasurer of the State of Iowa to be deposited into the Iowa General Fund.

• To view the notice and order, go to https://www.iowaworkcomp.gov/news-and-updates.

REGULATORY ACTIVITY:

• Important Electronic Data Interchange (EDI) Claims Updates: New R3.1 EDI Claims Release Requirement Tables and Trading Partner Profile Registration Now Available.  To access, click HERE.