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News And Updates

   AMA GUIDES – Rule 876—2.4 has been amended as follows:

876—2.4(85,86)  Guides to evaluation of permanent impairment.  The Guides to the Evaluation of Permanent Impairment, Fifth Edition, published by the American Medical Association are adopted as a guide for determining permanent partial disabilities under Iowa  Code section 85.34(2)“a” to “s.”  The extent of loss or percentage of permanent impairment may be determined by use of this guide the Fifth Edition of the guides and payment of weekly compensation for permanent partial scheduled injuries made accordingly.  Payment so made shall be recognized by the workers’ compensation commissioner as a prima facie showing of compliance by the employer or insurance carrier with the foregoing sections of the Iowa workers’ compensation Act.  Nothing in this rule shall be construed to prevent the presentations of other medical opinions or guides or other material evidence for the purpose of establishing that the degree of permanent disability to which the claimant would be entitled would be more or less than the entitlement indicated in the Fifth Edition of the AMA guide guides.

This rule is intended to implement Iowa Code section sections 85.34(2) and 86.8.

    The amendment to Rule 2.4 is in response to the publication of the AMA Guides to the Evaluation of Permanent Impairment, Sixth Edition, and a call for clarity on the use of the new Guides by several constituencies.  While the amendment has been filed on an emergency basis for immediate publication, the rule has also been filed for the allowance of public comment in the normal rule making process.  Public comments are encouraged.

 Benefit payments for permanent partial disabilities in Iowa for scheduled injuries are frequently based upon the use of the AMA guides.  The new sixth edition touts a new paradigm to rating impairment, when compared to ratings under previous editions of the AMA guides and other medical impairment guidelines or treatises.  The impact on the level of impairment ratings (and perhaps corresponding level of permanent disability) cannot yet be determined or appreciated as there are no comparative studies on where various injuries or impairment are rated under both the fifth and sixth edition. 

Until such studies can be completed by medical and legal experts who commonly are involved in the Iowa Workers’ Compensation system, the use of sixth edition ratings are expressly discouraged.   (4-08)

This bill has passed both the State House of Representative and the Senate and has been sent to Governor Chet Culver for his signature. (3-20-08)

SENATE FILE 2221

AN ACT RELATING TO WORKERS' COMPENSATION BENEFIT PAYMENTS FOR BURIAL EXPENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 1.  Section 85.28, Code 2007, is amended to read as follows:

85.28 BURIAL EXPENSE.

When death ensues from the injury, the employer shall pay the reasonable expenses of burial of such employee, not to exceed seven thousand five hundred dollars twelve times the statewide average weekly wage paid employees as determined by the department of workforce development under section 96.19, subsection 36, and in effect at the time of death, which shall be in addition to other compensation or any other benefit provided for in this chapter. (3/19/08)

AMA Guides

Please be advised that the AMA Guide to the Evaluation of Permanent Impairment, Sixth Edition has been published.  876 IAC Rule 2.4 makes the Guide published by the American Medical Association “a guide for determining permanent partial disabilities under Iowa Code section 85.34(s)’a’ to ‘s’”.  Due to the substantial changes included in the 6th Edition of the Guides and the resulting need for additional study and training within both the medical and legal communities, the Iowa Division of Workers’ Compensation will continue to accept ratings under the 5th Edition of the Guides. (1-31-08)

Additional requirement for video
alternate care hearings.

The division will require certified shorthand reporters for video alternate care proceedings.  A new hearing assignment order will be going out for assigned hearings which will contain the following language:  "Reporting of Proceedings."  This procedure will be effective when the hearing assignment orders directs the court reporter to attend.  Defendant(s) shall arrange for a certified shorthand reporter for this hearing.  The reporter shall participate as follows:  Either (1) with the presiding deputy at 1000 E. Grand Ave., Des Moines, IA; (2) with one of the attorneys of record, or (3) using their own computer and internet connection."  Advance testing is required as with other participants, if using their own computer.  (3-6-08)

The November issue of Iowa Compass Disability Information & Referral  Connecting People to Programs is posted.  This discusses what technologies are available for injured workers.  Please follow the link for helpful information for the disabled and workers' compensation.  (12-07)

INSTRUCTIONS FOR PARTICIPANTS IN WORK COMP DIVISION VIDEO HEARINGS

The Division purchased an internet based service called Megameeting.com for the purpose of providing web video hearings to the public. The cost of using this service is assumed entirely by the Division and is free to participants. Megameeting.com was chosen by the Workers’ Compensation Commissioner for its low cost, simplicity, and ability to work with all operating systems, including Apple’s Safari. To participate in a web video hearing, you must have a computer with high speed internet access. However, before you can participate, your computer hardware and software must be set up first. This, again, is relatively simple for anyone familiar with computers.

First, a web camera and headset or speaker phone designed for web conferencing must be installed on your computer. Any commercially available camera and headset (with earphones and microphone) will work. Obtain a headset that plugs into audio phone jacks on the front or back of the computer. A headset or web conferencing speaker phone is necessary to shut down the speakers on the computer which causes feedback problems. After you plug in a headset, at least on Windows Operating Systems, you must go to your computer’s control panel and adjust the settings for use of a headset in the sound settings. The set up procedures usually provide a means to test the headset to make sure it is working. The Division will not provide technical support for setting up your camera and headset. This is your responsibility.

Your client or a witness can use the same computer for the hearing. Web cameras usually have a wide enough viewing angle to capture the image of more than one participant using one computer. However, you will need two headsets, if you are not going to use a web conferencing speaker phone. You can plug two headsets into the phone jacks of one computer using splitters available commercially such as at Radio Shack. Use two stereo headphone splitters or adapters (one for the ear phone plugs and the other for the microphone plugs). These splitters must have one male 1/8" phone plug on one end and two 1/8" phone jacks on the other end. Simply plug the male ends of the splitter into the computer and the two sets of headset leads into the splitters. Make sure that the earphone leads on the headsets are plugged into the correct earphone splitter and the microphone leads into the microphone splitter. The only problem you may have is if your phone jacks on the front of your computer are recessed. If they are you should avoid splitters with a large square or round housing as they cannot be fully plugged into the computer. If this is the case, use splitters that have a wire lead for the male end that allows it to be fully plugged in.

We recommend use of a web conferencing speaker phone rather than headsets. We have found the audio very good using a Chat 150 (multiple participants) or Chat 50 (1-2 participants) speaker phones manufactured by ClearOne. They models are available commercially at the following link:

http://www.conferencingtechnologies.com/posp.html

Make sure that you change the voice and audio settings in the control panel (Sounds and Audio Devices for XP OS) after you install the software for this speakerphone.

Second, once you have the headset or speaker phone and camera working, make sure you have the latest version of Acrobat Flash Player installed on your computer. Most computers already have some version of this. This takes only a couple of minutes to accomplish. At the following internet address is a user guide you can review for more information. The first page of this guide provides a link for a free download of Acrobat Flash Player. The player must be downloaded to participate.

http://www.megameeting.com/help/Guide-Pro.html

Third, schedule a test of your ability to participant at a web video hearing with the hearing administrator. This is mandatory unless you previously have successfully tested your set up or participated in web video hearing.

These steps must be completed for all computers that you are planning to use to attend a hearing. This includes any computers used by any of your clients at other locations.

Once you completed the above steps, the procedure to actually participate in a meeting is extremely simple. At the time our hearing administrator schedules a web video hearing, she will instruct Megameeting.com to send the attorneys an email which will read as follows:

You have been invited to join an Internet Video/Web meeting. Join the meeting by clicking on the link below:

Meeting:RSample

Meeting Host: Judge Walshire Meeting Name: RSample Date/Time: 8/1/07, 8:30 A.M. Password: Attendees: lwalshire@yahoo.com Comments:

Once you receive this email, you should save it and forward it to any of your clients who will use their own computer to participate. The meeting name will likely be the name of the claimant.

When the time for hearing arrives, you simply go to this email and use your mouse to click on the meeting link. Your internet browser will then take you immediately to the Megameeting.com hearing site. You will first be asked to agree to the meeting procedures. Then, you will see a login screen asking for your name and password. The name you enter will appear at the bottom of the video image at the hearing. At this time,

we are planning on not using a password so leave it blank. Then simply click on "join" and you will be taken to the hearing.

Once you come into the virtual hearing room, you will be asked by Flash Player to allow use of your computer’s camera and microphone. Once you allow this, your video image should appear with the other participants. Your microphone will operate by clicking on a "Hold to Transmit" button on the top left side of the screen using your mouse. If you want the microphone to operate continuously, simply click on the "Lock" button in that location. Then, adjust the volume to about 50% to prevent distortion. The deputy will instruct you further, if necessary. There is a text screen at the bottom of the screen to communicate with other participants and the deputy should the microphone connection fail. After the hearing, you simply quit by clicking on a button at the top of the screen.

If problems occur in getting into the hearing room, the deputy can be called at the office to help you.

Finally, all exhibits must be provided to the presiding deputy in advance of the hearing in the same manner as telephone alternate care hearings. It also would be good practice to provide exhibit copies to witnesses who will be using a separate computer to participant so they can refer to it in answering questions, if that becomes necessary.

Special Notes:

1) Persons who will be only observing the hearing do not need a headset or camera. They can simply go into the site using the same procedure as participants, but their image will appear on-screen as blank and obviously they will not be able to communicate with the participants.

2) With permission from the presiding deputy, persons can participate only by voice if they do not have a camera installed, but they still must have a working headset.

3) It is not possible to use a telephone to participate. A computer with internet access is necessary.

4) According to our license with Megameeting.com and with other Divisions in IWD, we usually cannot have more than 12 participants and observers at any one hearing. It is possible for more, if we have advance notice and obtain permission from other Divisions.

5) All attorneys should now provide the hearing administrator with their email addresses. (10-25-07)

SETTLEMENTS

When submitting settlements for approval please following these requirements:
 
1.Compromise Settlements under ICS 85.35(3) - please be specific in your dispute.  Make it clear exactly what the dispute is.  Nature and extent are not sufficient without supporting medical to clearly describe the dispute.

2. Please remember that PPD benefits begin at the end of the healing or TTD period and not on a stipulated date or the date in which the doctor issues his rating.

3.  Please remember that accrued benefits cannot be commuted.

4.  PARs are not required except with Agreements for Settlement, and commutations, unless they are requested by the Workers' Compensation Compliance Administrator (WCCA).

5.  Do not include language in violation of rule 876 IAC 6.1(2) regarding any and all injuries and do not include language that says in other states or jurisdictions.  Settlements with this language will be lined out and denied by the WCCA and the settlement will be approved.  (10-19-07)

MILEAGE RATE CHANGE

Pursuant to Rule 8.1(2), effective July 1, 2007, the compensation rate for mileage reimbursement in Iowa has been amended to the rate of 48.5 cents per mile.  (8-13-07)

Waterloo hearing venue

The Waterloo hearing venue has changed for Iowa workers' compensation cases.  Starting with hearings scheduled for the week of October 22, 2007, the hearing will be held at the new Iowa Workforce Development office at 3420 University Ave., in Waterloo. (9-25-07

2007 Weekly Minimum and Maximum Rates

Beginning July 1, 2007,

Maximum weekly rate for TTD, HP, PTD and death benefits is $1311.00.

Maximum weekly rate for PPD benefits is $1206.00.

The minimum weekly benefit amount for TTD or HP is equal to either the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent (35%) of the statewide average weekly wage OR the spendable weekly earnings of the employee, WHICHEVER IS LESS.  The minimum weekly benefit amount for PPD, PTD or death benefits is equal to the weekly benefit amount of a person whose gross weekly earnings are thirty-five percent (35%) of the statewide average weekly wage.

Statewide average weekly wage is $655.66.

35% of statewide average weekly wage is $229.00. (8-13-07)

CONGRATULATIONS

Deputy Workers' Compensation Commissioner HelenJean Walleser has been elected President of the Central States Association of Workers' Compensation Administrators. Deputy Walleser was elected to this important leadership position at the Central States Conference in Madison, Wisconsin on June 15, 2007.   (7-12-07)

FULL AND PARTIAL COMMUTATIONS

Please note that full and partial commutations will no longer be approved for accrued benefits, those benefits that were due at the end of the healing period.  Stipulations by the parties as to a date, on which permanent benefits commenced in lieu of those benefits commencing at the end of the healing period, will no longer be accepted. A commutation of less than 10 weeks is not considered in claimant's best interest.  (5-1-07)

Present Value Discount Table is now available on the 535.3 Interest page.

First Report of Injury Compliance Hearings:

 Procedure for Judicial Review of the Division’s findings:

 The deputy’s ruling on a penalty in a “FROI” compliance hearing is not subject to review by the workers’ compensation commissioner.  Pursuant to Iowa Code section 86.26, any petition for judicial review arising from a deputy’s order assessing a penalty under Iowa Code section 86.12 shall name the Iowa Division of Workers’ Compensation and the injured worker as respondents.  Proper service of the petition for judicial review shall be made on the Iowa Division of Workers’ Compensation, 1000 E. Grand Ave., Des Moines, Iowa 50319 and upon the Office of the Iowa Attorney General/Special Litigation Division, 1305 E. Walnut Street, Des Moines, Iowa 50319.

DEPUTY PREFERENCES

The preferences of certain deputy for hearings are now listed in the Hearing Schedule page at the bottom below the hearing weeks.  Please review the preferences of the deputy who will be holding your hearings.  If the deputy is not listed with particular preferences, they have none.  (4-1-06)

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