86.26 Judicial review.
1. Judicial review of decisions or orders of the workers’ compensation commissioner may be sought in accordance with chapter 17A. Notwithstanding chapter 17A, the Iowa administrative procedure Act, petitions for judicial review may be filed in the district court of the county in which the hearing under section 86.17 was held, the workers’ compensation commissioner shall transmit to the reviewing court the original or a certified copy of the entire record of the contested case which is the subject of the petition within thirty days after receiving written notice from the party filing the petition that a petition for judicial review has been filed, and an application for stay of agency action during the pendency of judicial review shall not be filed in the division of workers’ compensation of the department of workforce development but shall be filed with the district court. Such a review proceeding shall be accorded priority over other matters pending before the district court.
2. Notwithstanding section 17A.19, subsection 5, a timely petition for judicial review filed pursuant to this section shall stay execution or enforcement of a decision or order of the workers’ compensation commissioner if the party seeking judicial review posts a bond securing any compensation awarded pursuant to the decision or order with the district court within thirty days of filing the petition, in a reasonable amount as fixed and approved by the court. Unless either the party posting the bond files an objection with the court, within twenty days from the date that the bond is fixed and approved by the court, that the amount of the bond is not reasonable, or the party whose interests are protected by the bond files an objection with the court, within twenty days from the date that the amount of the bond is fixed and approved by the court, that the amount of the bond is not reasonable or adequate, the amount of the bond shall be deemed reasonable and adequate. If, upon objection, the district court orders the amount of the bond posted to be modified, the party seeking judicial review shall repost the bond in the amount ordered, within twenty days of the date of the order modifying the bond, in order to continue the stay of execution or enforcement of the decision or order of the workers’ compensation commissioner.
[S13, §2477-m33; C24, 27, 31, 35, 39, §1449, 1451; C46, 50, 54, 58, 62, 66, 71, 73, §86.26, 86.28; C75, 77, 79, 81, §86.26]
86 Acts, ch 1238, §47; 88 Acts, ch 1158, §11; 95 Acts, ch 140, §3; 98 Acts, ch 1061, §11; 2001 Acts, ch 87, §7; 2017 Acts, ch 23, §20, 24
Referred to in §85.70, 86.42
2017 amendment applies to injuries occurring on or after July 1, 2017;
2017 Acts, ch 23, §24
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.