Iowa Code
Chapter 85 - WORKERS’ COMPENSATION
Section 85.45 - Commutation.

85.45 Commutation.
1. Future payments of compensation may be commuted to a present worth lump sum payment only upon application of a party to the commissioner and upon written consent of all parties to the proposed commutation or partial commutation, and on the following conditions:
a. When the period during which compensation is payable can be definitely determined.
b. When it shall be shown to the satisfaction of the workers’ compensation commissioner that such commutation will be for the best interest of the person or persons entitled to the compensation, or that periodical payments as compared with a lump sum payment will entail undue expense, hardship, or inconvenience upon the employer liable therefor.
c. When the recipient of commuted benefits is a minor employee, the workers’ compensation commissioner may order that such benefits be paid to a trustee as provided in section 85.49.
d. When a person seeking a commutation is a surviving spouse, an employee with a permanent and total disability, or a dependent who is entitled to benefits as provided in section 85.31, subsection 1, paragraph “a”, subparagraphs (3) and (4), the future payments which may be commuted shall not exceed the number of weeks which shall be indicated by probability tables designated by the workers’ compensation commissioner for death and remarriage, subject to the provisions of chapter 17A.
2. Future payments of compensation shall not be commuted to a present worth lump sum payment when the employee is an inmate as set forth in section 85.59.
3. The parties to any commutation or partial commutation of future payments agreed to and ordered pursuant to this section may agree that the employee has the right to benefits pursuant to section 85.27 under such terms and conditions as agreed to by the parties, for a specified period of time after the commutation or partial commutation agreement has been ordered by the workers’ compensation commissioner. During that specified period of time, the commissioner shall have jurisdiction of the commutation or partial commutation agreement for the purpose of adjudicating the employee’s entitlement to benefits provided for in section 85.27 as provided in the agreement.
[S13, §2477-m14; C24, 27, 31, 35, 39, §1405; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.45]
96 Acts, ch 1129, §19; 98 Acts, ch 1061, §11; 2008 Acts, ch 1032, §171; 2017 Acts, ch 23, §16, 17, 24
Referred to in §87.11, 515B.5
2017 amendments to subsection 1, unnumbered paragraph 1, and subsection 3 apply to commutations for which applications are filed on or after July 1, 2017;
2017 Acts, ch 23, §24

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.