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85-21
85.21 PAYMENTS CONCERNING LIABILITY DISPUTES.
1. The workers' compensation commissioner may order any number or
combination of alleged workers' compensation insurance carriers and
alleged employers, which are parties to a contested case or to a
dispute which could culminate in a contested case, to pay all or part
of the benefits due to an employee or an employee's dependent or
legal representative if any of the carriers or employers agree, or
the commissioner determines after an evidentiary hearing, that one or
more of the carriers or employers is liable to the employee or to the
employee's dependent or legal representative for benefits under this
chapter or under chapter 85A or 85B, but the carriers or employers
cannot agree, or the commissioner has not determined which carriers
or employers are liable.
2. Unless waived by the carriers or employers ordered to pay
benefits, the workers' compensation commissioner shall order an
employer, which is not ordered to pay benefits and which does not
have in force a policy of workers' compensation insurance issued by
any carrier which is a party to the case or dispute and covering the
claim made by the employee or the employee's dependent or legal
representative, to post a bond or to deposit cash with the
commissioner equal to the benefits paid or to be paid by the carriers
or employers ordered to pay benefits. If any employer is ordered by
the commissioner to post bond or to deposit cash, the employers or
carriers ordered to pay benefits are not obligated to pay benefits
until the bond is posted or the cash is deposited. The commissioner
may order the bond or cash deposit to be increased.
3. When liability is finally determined by the workers'
compensation commissioner, the commissioner shall order the carriers
or employers liable to the employee or to the employee's dependent or
legal representative to reimburse the carriers or employers which are
not liable but were required to pay benefits. Benefits paid or
reimbursed pursuant to an order authorized by this section do not
require the filing of a memorandum of agreement. However, a
contested case for benefits under this chapter or under chapter 85A
or 85B shall not be maintained against a party to a case or dispute
resulting in an order authorized by this section unless the contested
case is commenced within three years from the date of the last
benefit payment under the order. The commissioner may determine
liability for the payment of workers' compensation benefits under
this section. Section History: Early Form
[C77, 79, 81, § 86.20; 82 Acts, ch 1161, § 22] Section History: Recent Form
98 Acts, ch 1061, § 11
