REGULATORY ACTIVITY:

• Posted notice of the adoption of amended rules. The amended rules become effective on January 24, 2018.  Pursuant to the authority of Iowa Code section 86.8, the Workers’ Compensation Commissioner hereby amends Chapter 1, “Purpose and Function,” Chapter 2, “General Provisions,” Chapter 3, “Forms,” Chapter 4, “Contested Cases,” Chapter 5, “Declaratory Orders,” Chapter 6, “Settlements and Commutations,” Chapter 8, “Substantive and Interpretative Rules,” and Chapter 12, “Formal Review and Waiver of Rules,” Iowa Administrative Code. These amendments relate to recent changes enacted in 2017 involving Iowa Code chapter 85, concerning the evaluation of permanent impairments under Iowa Code section 85.34, vocational training and education under Iowa Code section 85.70(2), suitable work under Iowa Code section 85.33, and commutations under Iowa Code section 85.45. These amendments also update agency addresses, agency telephone numbers, and statutory references. Cross references in these rules to provisions of Iowa Code chapter 85 should be understood to include the amendments enacted in 2017 Iowa Acts, House File 518.
• Pursuant to the authority of Iowa Code section 86.8, the Workers’ Compensation Commissioner hereby amends Chapter 1, “Purpose and Function,” Chapter 2, “General Provisions,” Chapter 3, “Forms,” Chapter 4, “Contested Cases,” Chapter 5, “Declaratory Orders,” Chapter 6, “Settlements and Commutations,” Chapter 8, “Substantive and Interpretative Rules,” and Chapter 12, “Formal Review and Waiver of Rules,” Iowa Administrative Code. These amendments relate to recent changes enacted in 2017 involving Iowa Code chapter 85, concerning the evaluation of permanent impairments under Iowa Code section 85.34, vocational training and education under Iowa Code section 85.70(2), suitable work under Iowa Code section 85.33, and commutations under Iowa Code section 85.45. These amendments also update agency addresses, agency telephone numbers, and statutory references. Cross references in these rules to provisions of Iowa Code chapter 85 should be understood to include the amendments enacted in 2017 Iowa Acts, House File 518. These amendments will become effective January 24, 2018.

REGULATORY ACTIVITY:

• Published an order of the Commissioner regarding Ongoing Provisions for Coronavirus/COVID-19 Impact on Agency Services.  To view the order, go to https://www.iowaworkcomp.gov/coronavirus-covid-19-ongoing-provisions-2.
• Published an order of the Commissioner regarding Impact of Coronavirus (COVID-19) on Regular Proceeding Hearings Through September 14, 2020.  To view the order, go to https://www.iowaworkcomp.gov/order-covid-19-impact-hearings-through-september-14-2020-june-1-2020.

REGULATORY ACTIVITY:

• Issued an order in the matter of ongoing provisions for coronavirus impact on agency services.  To view the order, go to https://www.iowaworkcomp.gov/coronavirus-covid-19-ongoing-provisions.

REGULATORY ACTIVITY:

• The Iowa Workers' Compensation Commissioner issued the Order, In the Matter of Coronavirus/COVID-19 Impact on Hearings, changing the method by which all regular proceeding hearings scheduled to occur between March 18, 2020, and June 16, 2020, will be held from in-person to Internet-based video, using CourtCall.  To view the notice, go to https://www.iowaworkcomp.gov/order-coronavirus-covid-19.
• Effective March 23, 2020, the public will not have access to the DWC offices past the lobby. There will be an intercom set up in the lobby to allow members of the public to contact individual staff remotely when necessary. If you wish to contact DWC, please use email or telephone in order to help mitigate the spread of COVID-19.

REGULATORY ACTIVITY:

• Employees who sustain a work injury to a shoulder and are unable to return to gainful employment due to the resulting permanent partial disability, may qualify to participate in vocational training and education under Iowa Code section 85.70(2) and Rule 876 IAC 4.50. For additional information, go to https://www.iowaworkcomp.gov/information-vocational-training-education.
• Published information regarding form number 14-0147 Payment Activity Report.  This form is used to submit a Payment Activity Report to the Iowa Division of Workers' Compensation (DWC). To view additional information regarding the form, go to https://www.iowaworkcomp.gov/form-PAR.

REGULATORY ACTIVITY:

• The Iowa Division of Workers' Compensation (DWC) requires electronic filing (eFiling) on the Workers' Compensation Electronic System (WCES). The Iowa Workers' Compensation Commissioner issued a standing order, In the Matter of Electronic Payment of Filing Fees Using the Workers' Compensation Electronic System (WCES), which governs the transition to the mandatory electronic payment of filing fees using WCES under agency rules. To view this notice, go to https://www.iowaworkcomp.gov/order-matter-electronic-payment-filing-fees-using-workers-compensation-electronic-system-wces.
• Effective January 13, 2020, the Iowa Division of Workers' Compensation (DWC) will change its mailing address so that it is the same as the physical address of its office. The new DWC mailing address is: 150 Des Moines Street, Des Moines, Iowa 50309-1836. All mailings to DWC should be sent to this address moving forward.  To view this notice, go to https://www.iowaworkcomp.gov/effective-january-13-2020-new-mailing-address-iowa-division-workers-compensation.

REGULATORY ACTIVITY:

• The Iowa Division of Workers' Compensation (DWC) has used charge accounts to bill for records requests. DWC uses its 1970s legacy mainframe system to administer charge accounts for records requests. Because of DWC's transition off of its 1970s legacy mainframe system, it will no longer use charge accounts to bill for records requests beginning on March 2, 2020. Beginning March 2, 2020, DWC will do the following to bill for records requests: Send a separate invoice for each records request to the requestor. After receipt of payment for the records from the requestor, release the records to the requestor. To view this notice, go to https://www.iowaworkcomp.gov/effective-march-2-2020-change-billing-practices-records-requests
• Published notice of a new tool online. The Iowa Division of Workers' Compensation (DWC) requires the use of agency forms for certain filings. To view and use the new forms tool, go to https://www.iowaworkcomp.gov/forms 

REGULATORY ACTIVITY:

• Published an FAQ web site regarding the scheduling of hearings on the workers' compensation electronic system (WCES).  To view the web site and review the FAQs already published, go to https://www.iowaworkcomp.gov/faq-scheduling-hearings-workers-compensation-electronic-system-wces.
• The Iowa Division of Workers' Compensation (DWC) requires parties to submit joint requests for a hearing using the Workers' Compensation Electronic System (WCES). This document is an excerpt from the Quick Start Guide that Tybera, the vendor, has developed with instructions for how to request a hearing on WCES. To view additional information, go to https://www.iowaworkcomp.gov/how-request-hearing-wces.
• Penny Maxwell has been appointed the new Assistant Workers’ Compensation Commissioner. Penny replaces Janna Martin, who passed away. Penny has worked at the Iowa Division of Workers’ Compensation (DWC) since 1990, giving her experience in many areas of the agency’s operation that makes her particularly well suited to serve as Assistant Commissioner. From 1990 to 1998, she served as a Clerk Typist, Word Processor, and Clerk Specialist. From 1998 to 2006, Penny served as Hearing Administrator and Administrative Assistant. From 2006 through 2019, she served as a Compliance Administrator. Before joining DWC, Penny worked for West Bank.
• The Iowa Division of Workers' Compensation (DWC) requires electronic filing (eFiling) on the Workers' Compensation Electronic System (WCES). The DWC approves or rejects every eFiling made on WCES. The following are tips for you when eFiling on WCES. Use the correct party names: You should use the correct names for the claimant, employer, and other parties such as the insurance carrier or Second Injury Fund of Iowa. Failure to use the correct party names may result in the DWC rejecting your document. Use the correct DWC file number(s): You should use the correct DWC file number(s) when preparing and eFiling your document. Failure to use the correct DWC file number(s) may result in the DWC rejecting your document. Sign your document: An attorney or self-represented party must sign the documents they eFiling on WCES. Failure to sign your document may result in the DWC rejecting your document. Choose the correct document type on WCES: When you eFiled a document on WCES, you choose the document type. You should choose the correct document type from the list of types on WCES. Failure to choose the correct document type on WCES may result in the DWC rejecting your document. If you're an attorney, use your AT PIN Number: The DWC uses your AT PIN number to help it associate your cases with you. You should use your AT PIN number when eFiling a document to a case on WCES to help ensure that you're associated with all of your DWC cases on the system. In a consolidated case, eFile documents under all DWC file numbers on WCES: A consolidated case consists of more than one DWC file number. Each DWC file number is a distinct case on WCES. If yours is a consolidated case, you must eFile your document on WCES under each and every file number that makes up the consolidated case. Failure to eFile your document on WCES under all file numbers in your contested case may result in the DWC rejecting your document. To view these filing tips, go to  https://www.iowaworkcomp.gov/efiling-tips-all-documents.  For additional filing tips, go to https://www.iowaworkcomp.gov/efiling-tips.

REGULATORY ACTIVITY:

• The Iowa Division of Workers' Compensation (DWC) requires electronic filing (eFiling) of documents, such as proposed exhibits, on the Workers' Compensation Electronic System (WCES). The Iowa Workers' Compensation Commissioner issued a standing order in regards to the Proposed Exhibits Filed under 876 Iowa Administrative Code 4.19(3) (d).  To view this notice and order, go to https://www.iowaworkcomp.gov/order-re-proposed-exhibits-filed-under-876-iowa-administrative-code-4193d.
• The Iowa Division of Workers' Compensation (DWC) must approve settlements of workers' compensation claims.  The DWC requires parties to electronically file (eFile) settlement documents on the Workers' Compensation Electronic System (WCES).  For tips on preparing settlement documents for eFiling on WCES, go to https://www.iowaworkcomp.gov/preparing-settlement-documents-efiling-wces.  For more information about eFiling on WCES, go to https://www.iowaworkcomp.gov/overview-efiling-wces.
• Published on their web site notice of Frequently Asked Questions: Filing a Document When You Can Not eFile on WCES.  To view the FAQ notice, go to https://www.iowaworkcomp.gov/faq-filing-document-when-you-cant-efile-wces#Frequently

REGULATORY ACTIVITY:

• The Legislative Services Agency (LSA) has posted on the Iowa General Assembly website an updated version of Chapter 876 of the Iowa Administrative Code (IAC), which contains the amendments made to implement mandatory electronic filing (eFiling) on the Workers' Compensation Electronic System (WCES). These amendments were in the Iowa Administrative Bulletin (IAB) and IAC Supplement published by LSA on July 31, 2019.  To view a copy of the amended chapter, go to https://www.legis.iowa.gov/law/administrativeRules/chapters?agency=876&pubDate=07-31-2019.
• Issued an order in the matter of what date stamp governs for documents paper -filed with the agency from July 1, 2019 through August 2, 2019 and subsequently electronically filed by agency staff.  To view the order, go to https://www.iowaworkcomp.gov/order-matter-what-date-stamp-governs-documents-paper-filed-agency-july-1-2019-through-july-19-2019.
• Posted notice of adoption after emergency notification of amendments to administrative rules 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. Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 5, 2019, as ARC 4472C. A public hearing was held on June 25, 2019, at 9:30 a.m. in Room 106, 150 Des Moines Street, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made. The rule became effective on July 10, 2019.  To view the rule, go to https://www.legis.iowa.gov/law/administrativeRules.
• The Iowa Division of Workers' Compensation (DWC) has released new versions of the hearing report form in Microsoft Word format. The form hearing report form 14-0047 is released in August 2019.  For additional information, go to https://www.iowaworkcomp.gov/hearing-report-form-14-0047-word-format-august-2019.
• The Iowa Division of Workers' Compensation implemented mandatory electronic filing (eFiling) on the Workers' Compensation Electronic System (WCES) effective July 22, 2019. The Iowa Workers' Compensation Commissioner issued a standing order In the Matter of Certain Deadlines for Electronic Filing on the Workers' Compensation Electronic System (WCES). To view the order, go to https://www.iowaworkcomp.gov/standing-order-matter-certain-deadlines-electronic-filing-workers-compensation-electronic-system. The Order made it so that the pre-hearing deadlines for eFiling certain documents on WCES apply to cases that go to hearing on or after September 1, 2019, including:
  • At least 14 days before hearing, counsel of record and pro se litigants must file a joint proposed hearing report in Microsoft Word format under 876 IAC 4.19(3)(f);
  • At least 14 days before hearing, counsel of record and pro se litigants must file proposed exhibits in WCES under 876 IAC 4.19(3)(d); and
  • At least 7 days before hearing, counsel of record and pro se litigants must file all written objections and motions to exclude evidence in WCES under 876 IAC 4.19(3)(d).

The deadlines for eFiling documents on WCES for hearings scheduled on or after September 1, 2019 are approaching.  To view this notice, go to https://www.iowaworkcomp.gov/reminder-mandatory-efiling-deadlines-hearings-or-after-sept-1-2019.