CHAPTER 2
GENERAL PROVISIONS
[Prior to 9/24/86 see Industrial Commissioner[500]][Prior to 1/29/97 see Industrial Services Division[343]]
[Prior to 7/29/98 see Industrial Services Division[873]Ch 2]
876—2.1(86) Extending time and continuances. For good cause the workers’ compensation commissioner or the commissioner’s designee may modify the time to comply with any rule.
876—2.2(85A,85B,86,87) Applicability. When appropriate, all rules shall apply to Iowa Code chapters 85A, 85B, 86 and 87 as well as chapter 85.
876—2.3(86,87) Representative within the state. All licensed insurers, foreign and domestic, insuring workers’ compensation and all employers relieved from insurance pursuant to Iowa Code section 87.11 shall designate one or more persons geographically located within the borders of this state, which person or persons shall be knowledgeable of the Iowa workers’ compensation law and rules and shall be given the authority and have the responsibility to expedite the handling of all matters within the scope of Iowa Code chapters 85, 85A, 85B, 86, and 87.
The Iowa workers’ compensation commissioner shall be advised by letter of the name, address, and telephone number of each of the persons so designated. Any change in the identity, address or telephone number of the persons so designated shall be reported to the Iowa workers’ compensation commissioner within ten days after such change occurs.
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 for determining the extent of loss or percentage of impairment for permanent partial disabilities and payment of weekly compensation for permanent partial scheduled injuries under Iowa Code section 85.34(2) not involving a determination of reduction in an employee’s earning capacity. 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 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 Guides to the Evaluation of Permanent Impairment, Fifth Edition, when the reduction in earning capacity for all other permanent partial and permanent total disabilities is determined.
This rule is intended to implement Iowa Code sections 85.34(2) and 86.8.
[ARC 3528C, IAB 12/20/17, effective 1/24/18]
876—2.5(85,85A,85B,86) Use of workers’ compensation electronic system (WCES) for submission of filings. The division of workers’ compensation requires the filing of electronic data interchange (EDI) information, forms, petitions, pleadings, responses, and any other submissions to be effectuated by use of the workers’ compensation electronic system (WCES). The website address for WCES is efile.iowaworkcomp.gov.	The division of workers’ compensation may provide exceptions to the mandatory use of WCES in contested claims. Any electronic filing that is quarantined due to a virus will not be considered received.
	2.5(1) The division of workers’ compensation shall grant exceptions for filing in WCES for good cause, such as a power outage at the filer’s office or home.
	2.5(2) The division of workers’ compensation shall grant exceptions for part or the duration of a case for good cause, such as when a filer cannot use a computer or does not have regular access to the Internet at home through a device capable of displaying documents. This inability to file in or follow the case could put a filer at a disadvantage before the agency. Only a deputy workers’ compensation commissioner or the workers’ compensation commissioner can grant an exception for the duration of a case.
	2.5(3) The commissioner or the commissioner’s designee shall allow the filing of paper documents in case of a systemic failure of WCES.
This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86.
[ARC 4568C, IAB 7/31/19, effective 7/10/19]
876—2.6(85,85A,85B,86) Information to employees. An employer or its insurance carrier filing a final subsequent report of injury (SROI) with the workers’ compensation commissioner (see 876—subrule 3.1(2)) shall also mail a copy of the information contained on the final subsequent report of injury to the employee at the employee’s last-known address.
This rule is intended to implement Iowa Code sections 85.26, 86.8, 86.11 and 86.13.
876—2.7(86) Official record. The electronic record made and maintained by the division of workers’ compensation is the official record of a case unless different means are ordered by the commissioner or deputy commissioner or unless a proceeding is not required to use WCES. The division may require parties to scan and file in WCES pleadings, exhibits and other records that were filed as paper documents before the establishment of WCES.
This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86.
[ARC 4568C, IAB 7/31/19, effective 7/10/19]
876—2.8(86) Document requirements. Pleadings, responses to pleadings, exhibits, and transcripts submitted to the division of workers’ compensation shall be scanned, attached, and filed in portable document format (pdf) or as image-on-text documents (searchable pdf). A hearing report or proposed order or proposed ruling shall be submitted in Microsoft Word format. Transcripts submitted shall include an index. Filings shall not exceed 30 megabytes (MB). Documents exceeding 30 MB shall be divided and submitted as separate attachments to comply with this size limit. All filings pursuant to this rule shall be submitted via WCES unless otherwise ordered by the workers’ compensation commissioner, a deputy workers’ compensation commissioner or other agency staff who have been delegated authority by the commissioner. Audio or video files shall use MP3 or MP4 format and should be submitted with a virus-scanned USB drive or DVD and shall not exceed 500 MB for each filing.
This rule is intended to implement Iowa Code chapters 85, 85A, 85B and 86.
[ARC 4568C, IAB 7/31/19, effective 7/10/19]
876—2.9(86) Effective date of WCES rules.  All rules and forms of the division of workers’ compensation that relate to WCES shall be effective July 16, 2019, for EDI filing and July 22, 2018, for filing in claims before the agency, or when WCES is available to the public, whichever is later.
This rule is intended to implement Iowa Code chapters 17A, 85, 85A, 85B and 86.
[ARC 4568C, IAB 7/31/19, effective 7/10/19]
[Emergency filed and effective 9/19/75—published 10/6/75]
[Filed 11/17/75, Notice 10/6/75—published 12/1/75, effective 1/5/76]
[Filed 8/16/76, Notice 7/12/76—published 8/23/76, effective 9/27/76]
[Filed 8/3/77, Notice 6/29/77—published 8/24/77, effective 9/28/77]
[Filed emergency 6/18/82—published 7/7/82, effective 7/1/82]
[Editorially transferred from [500] to [343], IAC Supp. 9/24/86, see IAB 7/16/86]
[Filed 8/26/94, Notice 7/20/94—published 9/14/94, effective 10/19/94]
[Filed 1/13/95, Notice 12/7/94—published 2/1/95, effective 3/8/95]
[Filed 1/10/97, Notice 12/4/96—published 1/29/97, effective 3/5/97]
[Filed emergency 7/1/98—published 7/29/98, effective 7/1/98]
[Filed 9/4/98, Notice 7/29/98—published 9/23/98, effective 10/28/98]
[Filed 5/12/00, Notice 4/5/00—published 5/31/00, effective 7/5/00]
[Filed 2/15/02, Notice 1/9/02—published 3/6/02, effective 4/10/02]
[Filed emergency 4/2/08—published 4/23/08, effective 4/2/08]
[Filed ARC 3528C (Notice ARC 3414C, IAB 10/25/17), IAB 12/20/17, effective 1/24/18]
[Filed Emergency After Notice ARC 4568C (Notice ARC 4472C, IAB 6/5/19), IAB 7/31/19, effective 7/10/19]