Iowa Code
Chapter 85 - WORKERS’ COMPENSATION
Section 85.21 - Payments concerning liability disputes.

85.21 Payments concerning liability disputes.
1. The workers’ compensation commissioner may order any number or combination of alleged workers’ compensation insurance carriers and alleged employers, which are parties to a contested case or to a dispute which could culminate in a contested case, to pay all or part of the benefits due to an employee or an employee’s dependent or legal representative if any of the carriers or employers agree, or the commissioner determines after an evidentiary hearing, that one or more of the carriers or employers is liable to the employee or to the employee’s dependent or legal representative for benefits under this chapter or under chapter 85A or 85B, but the carriers or employers cannot agree, or the commissioner has not determined which carriers or employers are liable.
2. Unless waived by the carriers or employers ordered to pay benefits, the workers’ compensation commissioner shall order an employer, which is not ordered to pay benefits and which does not have in force a policy of workers’ compensation insurance issued by any carrier which is a party to the case or dispute and covering the claim made by the employee or the employee’s dependent or legal representative, to post a bond or to deposit cash with the commissioner equal to the benefits paid or to be paid by the carriers or employers ordered to pay benefits. If any employer is ordered by the commissioner to post bond or to deposit cash, the employers or carriers ordered to pay benefits are not obligated to pay benefits until the bond is posted or the cash is deposited. The commissioner may order the bond or cash deposit to be increased.
3. When liability is finally determined by the workers’ compensation commissioner, the commissioner shall order the carriers or employers liable to the employee or to the employee’s dependent or legal representative to reimburse the carriers or employers which are not liable but were required to pay benefits. Benefits paid or reimbursed pursuant to an order authorized by this section do not require the filing of a memorandum of agreement. However, a contested case for benefits under this chapter or under chapter 85A or 85B shall not be maintained against a party to a case or dispute resulting in an order authorized by this section unless the contested case is commenced within three years from the date of the last benefit payment under the order. The commissioner may determine liability for the payment of workers’ compensation benefits under this section.
[C77, 79, 81, §86.20; 82 Acts, ch 1161, §22]
98 Acts, ch 1061, §11

Structure Iowa Code

Iowa Code

Title III - PUBLIC SERVICES AND REGULATION

Chapter 85 - WORKERS’ COMPENSATION

Section 85.1 - Inapplicability of chapter.

Section 85.1A - Proprietors, limited liability company members, limited liability partners, and partners.

Section 85.2 - Public employees — chapter compulsory.

Section 85.3 - Acceptance presumed — notice to nonresident employers.

Section 85.16 - Willful injury — intoxication.

Section 85.18 - Contract to relieve not operative.

Section 85.20 - Rights of employee exclusive.

Section 85.21 - Payments concerning liability disputes.

Section 85.22 - Liability of others — subrogation.

Section 85.23 - Notice of injury — failure to give.

Section 85.24 - Form of notice.

Section 85.25 - Service of notice.

Section 85.26 - Limitation of actions — who may maintain action.

Section 85.27 - Services — release of information — charges — payment — debt collection prohibited.

Section 85.28 - Burial expense.

Section 85.29 - Liability in case of no dependents.

Section 85.30 - Maturity date and interest.

Section 85.31 - Death cases — dependents.

Section 85.32 - When compensation begins.

Section 85.33 - Temporary total and temporary partial disability.

Section 85.34 - Permanent disabilities.

Section 85.35 - Settlements.

Section 85.36 - Basis of computation.

Section 85.37 - Compensation schedule.

Section 85.38 - Reduction of obligations of employer.

Section 85.39 - Examination of injured employees.

Section 85.40 - Statement of earnings.

Section 85.41 - Refusal to furnish statement.

Section 85.42 - Conclusively presumed dependent.

Section 85.43 - Payment to spouse.

Section 85.44 - Payment to actual dependents.

Section 85.45 - Commutation.

Section 85.47 - Basis of commutation.

Section 85.48 - Partial commutation.

Section 85.49 - Trustees for minors and dependents.

Section 85.50 - Report of trustee.

Section 85.51 - Alien dependents in foreign country.

Section 85.52 - Consular officer as trustee.

Section 85.53 - Notice to consular officer.

Section 85.54 - Contracts to avoid compensation.

Section 85.55 - Franchisor-franchisee relationship.

Section 85.56 - Employees in interstate commerce.

Section 85.59 - Benefits for inmates and offenders.

Section 85.60 - Injuries while in work-based learning opportunity, employment training, or evaluation.

Section 85.61 - Definitions.

Section 85.62 - Inmates of county jail.

Section 85.63 - Title of Act.

Section 85.64 - Limitation of benefits.

Section 85.65 - Payments to second injury fund.

Section 85.65A - Payments to second injury fund — surcharge on employers.

Section 85.66 - Second injury fund — creation — custodian.

Section 85.67 - Administration of fund — special counsel — payment of award.

Section 85.68 - Actions — collection of payments — subrogation.

Section 85.69 - Federal contributions.

Section 85.70 - Additional payment for attendance — rehabilitation and training — new career vocational training and education program.

Section 85.71 - Injury outside of state.

Section 85.72 - Claims for benefits made outside of state — restrictions — credit.