85.35 SETTLEMENTS.
1. The parties to a contested case or persons who are involved in
a dispute which could culminate in a contested case may enter into a
settlement of any claim arising under this chapter or chapter 85A,
85B, or 86, providing for disposition of the claim. The settlement
shall be in writing on forms prescribed by the workers' compensation
commissioner and submitted to the workers' compensation commissioner
for approval.
2. The parties may enter into an agreement for settlement that
establishes the employer's liability, fixes the nature and extent of
the employee's current right to accrued benefits, and establishes the
employee's right to statutory benefits that accrue in the future.
3. The parties may enter into a compromise settlement of the
employee's claim to benefits as a full and final disposition of the
claim.
4. The parties may enter into a settlement that is a combination
of an agreement for settlement and a compromise settlement that
establishes the employer's liability for part of a claim but makes a
full and final disposition of other parts of a claim.
5. A contingent settlement may be made and approved, conditioned
upon subsequent approval by a court or governmental agency, or upon
any other subsequent event that is expected to occur within one year
from the date of the settlement. If the subsequent approval or event
does not occur, the contingent settlement and its approval may be
vacated by order of the workers' compensation commissioner upon a
petition for vacation filed by one of the parties or upon agreement
by all parties. If a contingent settlement is vacated, the running
of any period of limitation provided for in section 85.26 is tolled
from the date the settlement was initially approved until the date
that the settlement is vacated, and the claim is restored to the
status that the claim held when the contingent settlement was
initially approved. The contingency on a settlement lapses and the
settlement becomes final and fully enforceable if an action to vacate
the contingent settlement or to extend the period of time allowed for
the subsequent approval or event to occur is not initiated within one
year from the date that the contingent settlement was initially
approved.
6. The parties to any settlement made pursuant to this section
may agree that the employee has the right to benefits pursuant to
section 85.27 under such terms and conditions as agreed to by the
parties in the settlement, for a specified period of time after the
settlement has been approved by the workers' compensation
commissioner. During that specified period of time, the commissioner
shall have jurisdiction of the settlement for the purpose of
adjudicating the employee's entitlement to benefits provided for in
section 85.27 as agreed upon in the settlement.
7. The parties may agree that settlement proceeds, which are paid
in a lump sum, are intended to compensate the injured worker at a
given monthly or weekly rate over the life expectancy of the injured
worker. If such an agreement is reached, neither the weekly
compensation rate which either has been paid, or should have been
paid, throughout the case, nor the maximum statutory weekly rate
applicable to the injury shall apply. Instead, the rate set forth in
the settlement agreement shall be the rate for the case.
8. a. A settlement shall be approved by the workers'
compensation commissioner if the parties show all of the following:
(1) Substantial evidence exists to support the terms of the
settlement.
(2) Waiver of the employee's right to a hearing, decision, and
statutory benefits is made knowingly by the employee.
(3) The settlement is a reasonable and informed compromise of the
competing interests of the parties.
b. If an employee is represented by legal counsel, it is
presumed that the required showing for approval of the settlement has
been made.
9. Approval of a settlement by the workers' compensation
commissioner is binding on the parties and shall not be construed as
an original proceeding. Notwithstanding any provisions of this
chapter and chapters 85A, 85B, 86 and 87, an approved compromise
settlement shall constitute a final bar to any further rights arising
under this chapter and chapters 85A, 85B, 86, and 87 regarding the
subject matter of the compromise and a payment made pursuant to a
compromise settlement agreement shall not be construed as the payment
of weekly compensation.
85.35 SETTLEMENTS.
1. The parties to a contested case or persons who are involved in
a dispute which could culminate in a contested case may enter into a
settlement of any claim arising under this chapter or chapter 85A,
85B, or 86, providing for disposition of the claim. The settlement
shall be in writing on forms prescribed by the workers' compensation
commissioner and submitted to the workers' compensation commissioner
for approval.
2. The parties may enter into an agreement for settlement that
establishes the employer's liability, fixes the nature and extent of
the employee's current right to accrued benefits, and establishes the
employee's right to statutory benefits that accrue in the future.
3. The parties may enter into a compromise settlement of the
employee's claim to benefits as a full and final disposition of the
claim.
4. The parties may enter into a settlement that is a combination
of an agreement for settlement and a compromise settlement that
establishes the employer's liability for part of a claim but makes a
full and final disposition of other parts of a claim.
5. A contingent settlement may be made and approved, conditioned
upon subsequent approval by a court or governmental agency, or upon
any other subsequent event that is expected to occur within one year
from the date of the settlement. If the subsequent approval or event
does not occur, the contingent settlement and its approval may be
vacated by order of the workers' compensation commissioner upon a
petition for vacation filed by one of the parties or upon agreement
by all parties. If a contingent settlement is vacated, the running
of any period of limitation provided for in section 85.26 is tolled
from the date the settlement was initially approved until the date
that the settlement is vacated, and the claim is restored to the
status that the claim held when the contingent settlement was
initially approved. The contingency on a settlement lapses and the
settlement becomes final and fully enforceable if an action to vacate
the contingent settlement or to extend the period of time allowed for
the subsequent approval or event to occur is not initiated within one
year from the date that the contingent settlement was initially
approved.
6. The parties to any settlement made pursuant to this section
may agree that the employee has the right to benefits pursuant to
section 85.27 under such terms and conditions as agreed to by the
parties in the settlement, for a specified period of time after the
settlement has been approved by the workers' compensation
commissioner. During that specified period of time, the commissioner
shall have jurisdiction of the settlement for the purpose of
adjudicating the employee's entitlement to benefits provided for in
section 85.27 as agreed upon in the settlement.
7. The parties may agree that settlement proceeds, which are paid
in a lump sum, are intended to compensate the injured worker at a
given monthly or weekly rate over the life expectancy of the injured
worker. If such an agreement is reached, neither the weekly
compensation rate which either has been paid, or should have been
paid, throughout the case, nor the maximum statutory weekly rate
applicable to the injury shall apply. Instead, the rate set forth in
the settlement agreement shall be the rate for the case.
8. a. A settlement shall be approved by the workers'
compensation commissioner if the parties show all of the following:
(1) Substantial evidence exists to support the terms of the
settlement.
(2) Waiver of the employee's right to a hearing, decision, and
statutory benefits is made knowingly by the employee.
(3) The settlement is a reasonable and informed compromise of the
competing interests of the parties.
b. If an employee is represented by legal counsel, it is
presumed that the required showing for approval of the settlement has
been made.
9. Approval of a settlement by the workers' compensation
commissioner is binding on the parties and shall not be construed as
an original proceeding. Notwithstanding any provisions of this
chapter and chapters 85A, 85B, 86 and 87, an approved compromise
settlement shall constitute a final bar to any further rights arising
under this chapter and chapters 85A, 85B, 86, and 87 regarding the
subject matter of the compromise and a payment made pursuant to a
compromise settlement agreement shall not be construed as the payment
of weekly compensation.
85.35 SETTLEMENTS.
1. The parties to a contested case or persons who are involved in
a dispute which could culminate in a contested case may enter into a
settlement of any claim arising under this chapter or chapter 85A,
85B, or 86, providing for disposition of the claim. The settlement
shall be in writing on forms prescribed by the workers' compensation
commissioner and submitted to the workers' compensation commissioner
for approval.
2. The parties may enter into an agreement for settlement that
establishes the employer's liability, fixes the nature and extent of
the employee's current right to accrued benefits, and establishes the
employee's right to statutory benefits that accrue in the future.
3. The parties may enter into a compromise settlement of the
employee's claim to benefits as a full and final disposition of the
claim.
4. The parties may enter into a settlement that is a combination
of an agreement for settlement and a compromise settlement that
establishes the employer's liability for part of a claim but makes a
full and final disposition of other parts of a claim.
5. A contingent settlement may be made and approved, conditioned
upon subsequent approval by a court or governmental agency, or upon
any other subsequent event that is expected to occur within one year
from the date of the settlement. If the subsequent approval or event
does not occur, the contingent settlement and its approval may be
vacated by order of the workers' compensation commissioner upon a
petition for vacation filed by one of the parties or upon agreement
by all parties. If a contingent settlement is vacated, the running
of any period of limitation provided for in section 85.26 is tolled
from the date the settlement was initially approved until the date
that the settlement is vacated, and the claim is restored to the
status that the claim held when the contingent settlement was
initially approved. The contingency on a settlement lapses and the
settlement becomes final and fully enforceable if an action to vacate
the contingent settlement or to extend the period of time allowed for
the subsequent approval or event to occur is not initiated within one
year from the date that the contingent settlement was initially
approved.
6. The parties to any settlement made pursuant to this section
may agree that the employee has the right to benefits pursuant to
section 85.27 under such terms and conditions as agreed to by the
parties in the settlement, for a specified period of time after the
settlement has been approved by the workers' compensation
commissioner. During that specified period of time, the commissioner
shall have jurisdiction of the settlement for the purpose of
adjudicating the employee's entitlement to benefits provided for in
section 85.27 as agreed upon in the settlement.
7. The parties may agree that settlement proceeds, which are paid
in a lump sum, are intended to compensate the injured worker at a
given monthly or weekly rate over the life expectancy of the injured
worker. If such an agreement is reached, neither the weekly
compensation rate which either has been paid, or should have been
paid, throughout the case, nor the maximum statutory weekly rate
applicable to the injury shall apply. Instead, the rate set forth in
the settlement agreement shall be the rate for the case.
8. a. A settlement shall be approved by the workers'
compensation commissioner if the parties show all of the following:
(1) Substantial evidence exists to support the terms of the
settlement.
(2) Waiver of the employee's right to a hearing, decision, and
statutory benefits is made knowingly by the employee.
(3) The settlement is a reasonable and informed compromise of the
competing interests of the parties.
b. If an employee is represented by legal counsel, it is
presumed that the required showing for approval of the settlement has
been made.
9. Approval of a settlement by the workers' compensation
commissioner is binding on the parties and shall not be construed as
an original proceeding. Notwithstanding any provisions of this
chapter and chapters 85A, 85B, 86 and 87, an approved compromise
settlement shall constitute a final bar to any further rights arising
under this chapter and chapters 85A, 85B, 86, and 87 regarding the
subject matter of the compromise and a payment made pursuant to a
compromise settlement agreement shall not be construed as the payment
of weekly compensation.
