"until justice rolls down like waters, and righteousness like a mighty stream." Amos 5:24

Information

Why We're Here
Directions
LEXIS WC Blog
FAQs
About this website
FIT Template
Brief Writing 21st Century
  • President, Iowa Association of Workers' Compensation Lawyers, Inc., 2004-5,
  • Member, Larson's National Workers' Compensation Advisory Board
  • Chair, Law Practice Management Committee, Iowa State Bar Association , 2009-
Petition & Hearing PDF Print E-mail

Filing a Petition and Possibly Going to Hearing

Where the injured worker and the employer and insurance carrier cannot come to an agreement, there may be no choice but to file a Petition for Arbitration with the Iowa Division of Workers' Compensation\, asking for a hearing. After the Petition is sent to the employer and the insurance carrier or administrator, a lawyer will file an Answer on behalf of the employer and insurance carrier, and the lawyers will then exchange information, including medical records and answers to questions sent by the other side. They are not doing that to make the othe side upset, but to get a clearer picture of the other side's position. Not only does that help to prepare for hearing, it also helps both sides determine the chances of settling the case.
 
An injured worker can plan on spending several hours preparing to answer the questions sent by the defense attorney, called "Interrogatories." They will go into work history, past medical history, past marriages, criminal and military history, among other things. That information helps the defense to find out if the worker has had previous injuries similar to the one at issue in the present case, has had claims for previous work injuries or personal injuries, and what problems the worker has now.
 
Often, the defense lawyer will arrange to take a sworn statement of the claimant before a Court reporter, and will ask questions about the issues set out above. That is not unusual, and can help get the case settled in some cases. The injured worker has to be available for that statement, which usually takes from 45 minutes to 2 hours, but in unusual cases can take longer. No evidence can be offered after the close of the hearing; that is the one chance the parties have to state their case.
 

After the answers have been exchanged, parties will often attempt a mediation, or settlement conference, either arranged through the agency or through a private mediator. Those are usually successful, if the parties participate in them in an effort to get the case resolved.

 

The hearing is usually at least a year after the filing of the Petition, and usually is scheduled to last three hours. Hearings typically take less than that, from one to two hours, and quite often, the injured worker is the only witness. The Deputy Workers' Compensation Commissioner, who is assigned to hear and decide the case, will also receive a set of medical records agreed to by the lawyers for both sides.
 
After hearing, the Deputy Commissioner will typically take from two to six months, sometimes more, to write and file a decision. Unless that is appealed to the Workers' Compensation Commissioner, it is binding on both parties. If it is appealed, there is almost never another hearing, although the Commissioner has authority to send it back for further consideration. If it is decided by the Commissioner, it can then be appealed to the Iowa District Court for judicial review. The agency decision will normally be given a lot of weight, but the agency decisions are overturned or changed from time to time. An appeal can then be taken to the Iowa Supreme Court, which can decide the case or assign it to the Iowa Court of Appeals for decision. After a decision by the Iowa Court of Appeals, the Iowa Court of Appeals, the Iowa Supreme Court can agree to review the case, but it is highly unlikely that they will.