2009 Iowa Code
Title 3 - Public Services and Regulation
Subtitle 2 - Employment Services
CHAPTER 86 - DIVISION OF WORKERS' COMPENSATION
86.13 - COMPENSATION PAYMENTS.

        86.13  COMPENSATION PAYMENTS.
         1.  If an employer or insurance carrier pays weekly compensation
      benefits to an employee, the employer or insurance carrier shall file
      with the workers' compensation commissioner in the form and manner
      required by the workers' compensation commissioner a notice of the
      commencement of the payments.  The payments establish conclusively
      that the employer and insurance carrier have notice of the injury for
      which benefits are claimed but the payments do not constitute an
      admission of liability under this chapter or chapter 85, 85A, or 85B.

         2.  If an employer or insurance carrier fails to file the notice
      required by this section, the failure stops the running of the time
      periods in section 85.26 as of the date of the first payment.  If
      commenced, the payments shall be terminated only when the employee
      has returned to work, or upon thirty days' notice stating the reason
      for the termination and advising the employee of the right to file a
      claim with the workers' compensation commissioner.
         3.  This section does not prevent the parties from reaching an
      agreement for settlement regarding compensation.  However, the
      agreement is valid only if signed by all parties and approved by the
      workers' compensation commissioner.
         4. a.  If a denial, a delay in payment, or a termination of
      benefits occurs without reasonable or probable cause or excuse known
      to the employer or insurance carrier at the time of the denial, delay
      in payment, or termination of benefits, the workers' compensation
      commissioner shall award benefits in addition to those benefits
      payable under this chapter, or chapter 85, 85A, or 85B, up to fifty
      percent of the amount of benefits that were denied, delayed, or
      terminated without reasonable or probable cause or excuse.
         b.  The workers' compensation commissioner shall award
      benefits under this subsection if the commissioner finds both of the
      following facts:
         (1)  The employee has demonstrated a denial, delay in payment, or
      termination of benefits.
         (2)  The employer has failed to prove a reasonable or probable
      cause or excuse for the denial, delay in payment, or termination of
      benefits.
         c.  In order to be considered a reasonable or probable cause
      or excuse under paragraph "b", an excuse shall satisfy all of the
      following criteria:
         (1)  The excuse was preceded by a reasonable investigation and
      evaluation by the employer or insurance carrier into whether benefits
      were owed to the employee.
         (2)  The results of the reasonable investigation and evaluation
      were the actual basis upon which the employer or insurance carrier
      contemporaneously relied to deny, delay payment of, or terminate
      benefits.
         (3)  The employer or insurance carrier contemporaneously conveyed
      the basis for the denial, delay in payment, or termination of
      benefits to the employee at the time of the denial, delay, or
      termination of benefits.  
         Section History: Early Form
         [S13, § 2477-m25; C24, 27, 31, 35, 39, § 1436; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 86.13; 82 Acts, ch 1161, § 23]
      
         Section History: Recent Form
         98 Acts, ch 1061, §7, 11; 2009 Acts, ch 179, §110
         Referred to in § 85.26, 85.34, 85.72, 86.12, 86.14

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