2009 Iowa Code
Title 3 - Public Services and Regulation
Subtitle 2 - Employment Services
CHAPTER 86 - DIVISION OF WORKERS' COMPENSATION
86.13A - COMPLIANCE MONITORING AND ENFORCEMENT.

        86.13A  COMPLIANCE MONITORING AND ENFORCEMENT.
         The workers' compensation commissioner shall monitor the rate of
      compliance of each employer and each insurer with the requirement to
      commence benefit payments within the time specified in section 85.30.
      The commissioner shall determine the percentage of reported injuries
      where the statutory standard was met and the average number of days
      that commencement of voluntary benefits was delayed for each employer
      and each insurer individually, and for all employers and all insurers
      as separate groups.
         If during any fiscal year commencing after June 30, 2006, the
      general business practices of an employer or insurer result in the
      delay of the commencement of voluntary weekly compensation payments
      after the date specified in section 85.30 more frequently and for a
      longer number of days than the average number of days for the entire
      group of employers or insurers, the commissioner may impose an
      assessment on the employer or insurer payable to the second injury
      fund created in section 85.66.  The amount of the assessment shall be
      ten dollars, multiplied by the average number of days that weekly
      compensation payments were delayed after the date specified in
      section 85.30, and multiplied by the number of injuries the employer
      or insurer reported during the fiscal year.  Notwithstanding the
      foregoing, an assessment shall not be imposed if the employer or
      insurer commenced voluntary weekly compensation benefits within the
      time specified in section 85.30 for more than seventy-five percent of
      the injuries reported by the employer or insurer.
         The commissioner may waive or reduce an assessment under this
      section if an employer or insurer demonstrates to the commissioner
      that atypical events during the fiscal year, including but not
      limited to a small number of cases, made the statistical data for
      that employer or insurer unrepresentative of the actual payout
      practices of the employer or insurer for that year.  

         Section History: Recent Form

         2003 Acts, 1st Ex, ch 1, §123, 124, 133
         [2003 enactment of section rescinded pursuant to Rants v.
      Vilsack, 684 N.W.2d 193]
         2004 Acts, 1st Ex, ch 1001, § 15, 16, 19 

         Footnotes

         2004 reaffirmation and reenactment and amendment of this section
      take effect September 7, 2004, and apply retroactively to injuries
      occurring on or after July 1, 2003; 2004 Acts, 1st Ex, ch 1001, § 19