86.13A Compliance monitoring and enforcement.
1. 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.
2. 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.
3. 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.
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[2003 enactment of section rescinded pursuant to Rants v. Vilsack, 684 N.W.2d 193]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; 2017 Acts, ch 54, §76
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 86 - DIVISION OF WORKERS’ COMPENSATION
Section 86.1 - Workers’ compensation commissioner — term.
Section 86.2 - Appointment of deputies.
Section 86.3 - Duties of deputies.
Section 86.4 - Political activity and contributions.
Section 86.5 - Political promises.
Section 86.6 - Recommendations of commissioner.
Section 86.7 - Interest in affected business.
Section 86.10 - Records of employer — right to inspect.
Section 86.11 - Reports of injuries.
Section 86.12 - Failure to report.
Section 86.13 - Compensation payments.
Section 86.13A - Compliance monitoring and enforcement.
Section 86.14 - Contested cases.
Section 86.17 - Hearings — presiding officer — venue.
Section 86.18 - Hearings — evidence.
Section 86.19 - Reporting of proceedings.
Section 86.24 - Appeals within the agency.
Section 86.26 - Judicial review.
Section 86.27 - Settlement of controversy.
Section 86.29 - The judicial review petition.
Section 86.32 - Costs of judicial review.
Section 86.36 - Notice and service — resident and nonresident employers.
Section 86.38 - Examination by physician — fee.
Section 86.39 - Fees — approval.
Section 86.42 - Judgment by district court on award.
Section 86.43 - Judgment — modification.