Bill Text: IA HF567 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to stays of decrees or judgments in workers' compensation cases pending judicial review. (Formerly HSB 101)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF567 Detail]
Download: Iowa-2011-HF567-Introduced.html
House
File
567
-
Introduced
HOUSE
FILE
567
BY
COMMITTEE
ON
LABOR
(SUCCESSOR
TO
HSB
101)
A
BILL
FOR
An
Act
relating
to
stays
of
decrees
or
judgments
in
workers’
1
compensation
cases
pending
judicial
review.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1779HV
(1)
84
av/rj
H.F.
567
Section
1.
Section
86.26,
Code
2011,
is
amended
to
read
as
1
follows:
2
86.26
Judicial
review
——
stays
.
3
1.
Judicial
review
of
decisions
or
orders
of
the
workers’
4
compensation
commissioner
may
be
sought
in
accordance
5
with
chapter
17A
.
Notwithstanding
chapter
17A
,
the
Iowa
6
administrative
procedure
Act,
petitions
for
judicial
review
7
may
be
filed
in
the
district
court
of
the
county
in
which
the
8
hearing
under
section
86.17
was
held,
the
workers’
compensation
9
commissioner
shall
transmit
to
the
reviewing
court
the
original
10
or
a
certified
copy
of
the
entire
record
of
the
contested
case
11
which
is
the
subject
of
the
petition
within
thirty
days
after
12
receiving
written
notice
from
the
party
filing
the
petition
13
that
a
petition
for
judicial
review
has
been
filed,
and
an
14
application
for
stay
of
agency
action
during
the
pendency
of
15
judicial
review
shall
not
be
filed
in
the
division
of
workers’
16
compensation
of
the
department
of
workforce
development
17
but
shall
be
filed
with
the
district
court.
Such
a
review
18
proceeding
shall
be
accorded
priority
over
other
matters
19
pending
before
the
district
court.
20
2.
If
the
commissioner’s
order
or
decision
that
is
the
21
subject
of
judicial
review
proceedings
has
been
reduced
to
22
a
decree
or
judgment
by
the
district
court
as
provided
in
23
section
86.42,
upon
application
by
any
party
seeking
judicial
24
review,
the
district
court
shall
enter
a
stay
of
execution
25
or
enforcement
of
that
decree
or
judgment
enforcing
the
26
commissioner’s
order
or
decision
provided
that
the
party
27
seeking
the
stay
does
all
of
the
following:
28
a.
Identifies
for
the
district
court
those
parts
of
the
29
commissioner’s
order
or
decision
that
are
being
contested
on
30
judicial
review.
31
b.
Certifies
to
the
district
court
that
the
party
will
32
comply
with
the
commissioner’s
order
or
decision
with
respect
33
to
those
parts
of
the
commissioner’s
order
or
decision
that
34
the
party
is
not
contesting
on
judicial
review,
including
35
-1-
LSB
1779HV
(1)
84
av/rj
1/
5
H.F.
567
payment
of
all
accrued
or
ongoing
benefits
which
are
not
1
being
contested
on
judicial
review,
and
provision
of
any
2
alternate
medical
care
or
ongoing
medical
care
ordered
by
the
3
commissioner
that
is
not
being
contested
on
judicial
review.
4
c.
Posts
a
supersedeas
bond
with
the
district
court
in
an
5
amount
and
in
the
manner
required
by
law
or
rule
of
court
for
6
appeals
arising
from
civil
money
judgments
except
as
provided
7
in
section
625A.9.
The
district
court
shall
have
the
authority
8
to
review
the
amount
and
sufficiency
of
the
bond.
9
3.
a.
If
a
party
contests
on
judicial
review
an
order
or
10
decision
by
the
commissioner
directing
alternate
medical
care
11
or
ongoing
medical
care
pursuant
to
section
85.27,
the
district
12
court
shall
enter
a
stay
of
execution
or
enforcement
of
its
13
decree
or
judgment
pertaining
to
such
order
or
decision
only
14
after
weighing
all
of
the
following:
15
(1)
The
likelihood
that
the
party
seeking
the
stay
will
16
prevail
upon
judicial
review.
17
(2)
The
urgency
of
the
ordered
alternate
or
ongoing
medical
18
care.
19
(3)
The
likelihood
and
magnitude
of
harm
to
the
employee
20
from
a
delay
in
receiving
the
ordered
alternate
or
ongoing
21
medical
care.
22
(4)
The
employee’s
ability
to
obtain
the
same
or
similar
23
alternate
or
ongoing
medical
care
from
another
source.
24
b.
The
district
court
may
order
a
hearing
and
take
such
25
evidence
as
the
district
court
deems
appropriate
in
evaluating
26
an
application
for
stay
of
enforcement
or
execution
of
a
decree
27
or
judgment
pertaining
to
the
commissioner’s
order
or
decision
28
for
alternate
or
ongoing
medical
care.
29
c.
A
denial
of
an
application
for
a
stay
of
enforcement
or
30
execution
of
a
decree
or
judgment
pertaining
to
an
order
or
31
decision
for
alternate
or
ongoing
medical
care
shall
not
affect
32
the
stay
of
any
other
contested
portion
of
the
commissioner’s
33
order
or
decision
during
the
pendency
of
the
judicial
review
34
proceedings.
35
-2-
LSB
1779HV
(1)
84
av/rj
2/
5
H.F.
567
d.
Upon
application
by
any
party
and
a
showing
of
a
material
1
change
in
circumstances
regarding
alternate
or
ongoing
medical
2
care,
the
district
court
may
modify
its
prior
ruling
as
to
a
3
stay
of
such
alternate
or
ongoing
medical
care.
4
e.
The
party
making
the
application
for
a
stay
or
5
modification
of
a
stay
for
enforcement
or
execution
of
the
6
decree
or
judgment
pertaining
to
the
commissioner’s
order
or
7
decision
for
alternate
or
ongoing
medical
care
shall
bear
the
8
burden
of
establishing
the
need
for
the
stay
or
modification
9
of
the
stay.
10
4.
Upon
appeal
from
a
final
district
court
ruling
on
a
11
petition
for
judicial
review,
the
stay
of
the
enforcement
or
12
execution
of
the
decree
or
judgment
shall
remain
in
force
until
13
such
time
as
all
appeals
have
been
resolved,
provided
that
the
14
party
seeking
the
stay
maintains
an
appropriate
supersedeas
15
bond.
16
5.
Upon
application
by
any
party,
the
district
court
may
17
modify
the
scope
of
the
stay
to
encompass
only
those
portions
18
of
the
decree
or
judgment
pertaining
to
the
commissioner’s
19
order
or
decision
that
are
being
contested
in
an
appeal
from
a
20
final
district
court
ruling
on
a
petition
for
judicial
review.
21
Sec.
2.
Section
86.42,
Code
2011,
is
amended
to
read
as
22
follows:
23
86.42
Judgment
by
district
court
on
award.
24
1.
Any
party
in
interest
may
present
a
file-stamped
copy
25
of
an
order
or
decision
of
the
commissioner,
from
which
a
26
timely
petition
for
judicial
review
has
not
been
filed
or
if
27
judicial
review
has
been
filed,
which
has
not
had
execution
or
28
enforcement
stayed
as
provided
in
section
17A.19,
subsection
5
29
86.26
,
or
an
order
or
decision
of
a
deputy
commissioner
from
30
which
a
timely
appeal
has
not
been
taken
within
the
agency
31
and
which
has
become
final
by
the
passage
of
time
as
provided
32
by
rule
and
section
17A.15
,
or
an
agreement
for
settlement
33
approved
by
the
commissioner,
and
all
papers
in
connection
34
therewith,
to
the
district
court
where
judicial
review
of
the
35
-3-
LSB
1779HV
(1)
84
av/rj
3/
5
H.F.
567
agency
action
may
be
commenced.
The
court
shall
render
a
1
decree
or
judgment
and
cause
the
clerk
to
notify
the
parties.
2
2.
The
decree
or
judgment,
in
the
absence
of
a
petition
3
for
judicial
review
or
if
judicial
review
has
been
commenced,
4
in
the
absence
of
a
stay
of
execution
or
enforcement
of
the
5
decision
or
order
of
the
workers’
compensation
commissioner,
or
6
in
the
absence
of
an
act
of
any
party
which
prevents
a
decision
7
of
a
deputy
workers’
compensation
commissioner
from
becoming
8
final,
has
the
same
effect
and
in
all
proceedings
in
relation
9
thereto
is
the
same
as
though
rendered
in
a
suit
duly
heard
and
10
determined
by
the
court.
11
EXPLANATION
12
This
bill
relates
to
stays
of
execution
or
enforcement
13
of
workers’
compensation
orders
or
decisions
that
have
been
14
reduced
to
a
decree
or
judgment
by
the
district
court
pending
15
judicial
review.
16
The
bill
requires
a
district
court
to
grant
an
application
17
for
a
stay
of
execution
or
enforcement
of
an
order
or
decision
18
of
the
workers’
compensation
commissioner
that
has
been
reduced
19
to
a
decree
or
judgment
by
the
district
court
and
is
the
20
subject
of
judicial
review
proceedings
if
the
applicant
for
21
the
stay
identifies
the
parts
of
the
commissioner’s
order
or
22
decision
that
are
being
contested
on
judicial
review;
certifies
23
to
the
court
that
the
party
will
comply
with
those
parts
of
24
the
commissioner’s
order
or
decision
that
the
party
is
not
25
contesting;
and
posts
a
supersedeas
bond
with
the
court
in
the
26
amount
and
in
the
manner
required
by
law
or
court
rules
for
27
appeals
arising
from
civil
money
judgments
except
as
provided
28
in
Code
section
625A.9.
29
If
a
party
is
contesting
on
judicial
review
an
order
or
30
decision
for
alternate
or
ongoing
medical
care
for
an
injured
31
employee,
the
district
court
shall
enter
a
stay
of
enforcement
32
or
execution
of
its
decree
or
judgment
pertaining
to
such
33
medical
care
only
upon
weighing
the
likelihood
that
the
34
party
seeking
the
stay
will
prevail
upon
judicial
review;
the
35
-4-
LSB
1779HV
(1)
84
av/rj
4/
5
H.F.
567
urgency
of
the
ordered
alternate
or
ongoing
medical
care;
the
1
likelihood
and
magnitude
of
harm
to
the
employee
from
a
delay
2
in
receiving
the
ordered
medical
care;
and
the
employee’s
3
ability
to
obtain
the
same
or
similar
medical
care
from
another
4
source.
5
The
district
court
may
order
a
hearing
to
evaluate
an
6
application
for
a
stay
of
its
decree
or
judgment
pertaining
to
7
an
order
or
decision
for
alternate
or
ongoing
medical
care.
8
The
denial
of
an
application
for
such
a
stay
does
not
affect
9
the
stay
of
any
other
contested
portion
of
the
commissioner’s
10
order
or
decision
during
the
pendency
of
the
judicial
review
11
proceedings.
Upon
application
by
any
party,
a
ruling
as
to
a
12
stay
of
a
decree
or
judgment
pertaining
to
an
order
or
decision
13
for
alternate
or
ongoing
medical
care
may
be
modified
upon
a
14
showing
of
a
material
change
in
circumstances
regarding
the
15
medical
care
by
the
party
requesting
the
modification.
16
Upon
appeal
from
a
final
district
court
ruling
on
a
petition
17
for
judicial
review,
a
stay
remains
in
force
until
all
appeals
18
have
been
resolved
as
long
as
the
appropriate
supersedeas
19
bond
is
maintained
by
the
party
seeking
the
stay.
The
stay
20
can
also
be
modified
to
encompass
only
those
portions
of
the
21
commissioner’s
order
or
decision
that
are
being
contested
in
22
an
appeal
from
a
final
district
court
ruling
on
a
petition
for
23
judicial
review.
24
Code
section
86.42
is
amended
by
changing
an
internal
25
reference
to
indicate
that
the
applicable
procedure
to
obtain
26
a
stay
of
enforcement
or
execution
of
an
order
or
decision
of
27
the
workers’
compensation
commissioner
that
has
been
reduced
28
to
a
decree
or
judgment
is
now
contained
in
Code
section
86.26
29
instead
of
pursuant
to
the
general
procedure
for
obtaining
30
a
stay
contained
in
Code
section
17A.17(5)
of
the
Iowa
31
administrative
procedure
Act.
32
-5-
LSB
1779HV
(1)
84
av/rj
5/
5
