Filing a petition
The process begins by filing a contested case petition with the Iowa Workers' Compensation Commissioner, with a copy sent to the insurance company. The case is assigned to a deputy workers' compensation commissioner for review. You and the insurance company can agree on a date for a hearing.
While waiting for the hearing to take place, you can try to resolve the dispute over benefits by negotiating with the insurance company. If you and in the insurance company are interested, the commissioner's office can provide a workers' compensation compliance administrator for mediation in an attempt to reach a settlement. If no settlement is reached, the hearing will proceed.
A deputy workers' compensation commissioner will conduct an administrative hearing. Both you and the insurance company will be able to present arguments. Each side can submit documentation and question witnesses. The deputy commissioner will hear both sides and will mail a written decision after the hearing.
Review by the commissioner
If the deputy commissioner's decision does not go your way, you can file a notice of appeal with the commissioner. Most often, the commissioner will not hold another hearing. Instead, the commissioner will review all evidence at the original hearing and make a decision. Each side can submit a written brief supporting their decisions with legal arguments. The commissioner will mail a written decision.
If you are not satisfied with the commissioner's decision, your next step is to appeal through the state court system. If the court decision does not go your way, you have the option of appealing your claim to the Iowa Court of Appeals and all the way to the Iowa Supreme Court.
Attorney Paul McAndrew knows how to build a strong case for benefits that gets results following an on-the-job accident. A skilled negotiator and litigator, he is focused on getting you the benefits you deserve, and nothing less. Learn more about how Paul can help you during a free consultation. Call 319-887-1690 today.