State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-86 > 86-12

        86.12  FAILURE TO REPORT.
         The workers' compensation commissioner may require any employer to
      supply the information required by section 86.10 or to file a report
      required by section 86.11 or 86.13 or by agency rule, by written
      demand sent to the employer's last known address.  Upon failure to
      supply such information or file such report within thirty days, the
      employer may be ordered to appear and show cause why the employer
      should not be subject to assessment of one thousand dollars for each
      occurrence.  Upon such hearing, the workers' compensation
      commissioner shall enter a finding of fact and may enter an order
      requiring such assessment to be paid into the second injury fund
      created by sections 85.63 to 85.69.  In the event the assessment is
      not voluntarily paid within thirty days, the workers' compensation
      commissioner may file a certified copy of such finding and order with
      the clerk of the court for the district in which the employer
      maintains a place of business.  If the employer maintains no place of
      business in this state, service shall be made as provided in chapter
      85 for nonresident employers.  In such case the finding and order may
      be filed in any court of competent jurisdiction within this state.
         The workers' compensation commissioner may thereafter petition the
      court for entry of judgment upon such order, serving notice of such
      petition on the employer and any other person in default.  If the
      court finds the order valid, the court shall enter judgment against
      the person or persons in default for the amount due under the order.
      No fees shall be required for the filing of the order or for the
      petition for judgment, or for the entry of judgment or for any
      enforcement procedure thereupon.  No supersedeas shall be granted by
      any court to a judgment entered under this section.
         When a report is required under section 86.11 or 86.13 or by
      agency rule, and the employer's insurance carrier possesses the
      information necessary to file the report, the insurance carrier shall
      be responsible for filing the report in the same manner and to the
      same extent as an employer under this section.  
         Section History: Early Form
         [S13, § 2477-m36; C24, 27, 31, 35, 39, § 1435; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 86.12] 
         Section History: Recent Form
         98 Acts, ch 1061, § 11; 2003 Acts, 1st Ex, ch 1, §122, 124, 133
         [2003 Acts, 1st Ex, ch 1, § 122, 124, 133, amendments to this
      section rescinded pursuant to Rants v. Vilsack, 684 N.W.2d 193]
         2004 Acts, 1st Ex, ch 1001, § 14, 19 
         Footnotes
         2004 reaffirmation and reenactment of this section as published in
      Code Supplement 2003 takes effect September 7, 2004, and is
      retroactively applicable to injuries occurring on or after July 1,
      2003; 2004 Acts, 1st Ex, ch 1001, § 19

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-86 > 86-12

        86.12  FAILURE TO REPORT.
         The workers' compensation commissioner may require any employer to
      supply the information required by section 86.10 or to file a report
      required by section 86.11 or 86.13 or by agency rule, by written
      demand sent to the employer's last known address.  Upon failure to
      supply such information or file such report within thirty days, the
      employer may be ordered to appear and show cause why the employer
      should not be subject to assessment of one thousand dollars for each
      occurrence.  Upon such hearing, the workers' compensation
      commissioner shall enter a finding of fact and may enter an order
      requiring such assessment to be paid into the second injury fund
      created by sections 85.63 to 85.69.  In the event the assessment is
      not voluntarily paid within thirty days, the workers' compensation
      commissioner may file a certified copy of such finding and order with
      the clerk of the court for the district in which the employer
      maintains a place of business.  If the employer maintains no place of
      business in this state, service shall be made as provided in chapter
      85 for nonresident employers.  In such case the finding and order may
      be filed in any court of competent jurisdiction within this state.
         The workers' compensation commissioner may thereafter petition the
      court for entry of judgment upon such order, serving notice of such
      petition on the employer and any other person in default.  If the
      court finds the order valid, the court shall enter judgment against
      the person or persons in default for the amount due under the order.
      No fees shall be required for the filing of the order or for the
      petition for judgment, or for the entry of judgment or for any
      enforcement procedure thereupon.  No supersedeas shall be granted by
      any court to a judgment entered under this section.
         When a report is required under section 86.11 or 86.13 or by
      agency rule, and the employer's insurance carrier possesses the
      information necessary to file the report, the insurance carrier shall
      be responsible for filing the report in the same manner and to the
      same extent as an employer under this section.  
         Section History: Early Form
         [S13, § 2477-m36; C24, 27, 31, 35, 39, § 1435; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 86.12] 
         Section History: Recent Form
         98 Acts, ch 1061, § 11; 2003 Acts, 1st Ex, ch 1, §122, 124, 133
         [2003 Acts, 1st Ex, ch 1, § 122, 124, 133, amendments to this
      section rescinded pursuant to Rants v. Vilsack, 684 N.W.2d 193]
         2004 Acts, 1st Ex, ch 1001, § 14, 19 
         Footnotes
         2004 reaffirmation and reenactment of this section as published in
      Code Supplement 2003 takes effect September 7, 2004, and is
      retroactively applicable to injuries occurring on or after July 1,
      2003; 2004 Acts, 1st Ex, ch 1001, § 19

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-86 > 86-12

        86.12  FAILURE TO REPORT.
         The workers' compensation commissioner may require any employer to
      supply the information required by section 86.10 or to file a report
      required by section 86.11 or 86.13 or by agency rule, by written
      demand sent to the employer's last known address.  Upon failure to
      supply such information or file such report within thirty days, the
      employer may be ordered to appear and show cause why the employer
      should not be subject to assessment of one thousand dollars for each
      occurrence.  Upon such hearing, the workers' compensation
      commissioner shall enter a finding of fact and may enter an order
      requiring such assessment to be paid into the second injury fund
      created by sections 85.63 to 85.69.  In the event the assessment is
      not voluntarily paid within thirty days, the workers' compensation
      commissioner may file a certified copy of such finding and order with
      the clerk of the court for the district in which the employer
      maintains a place of business.  If the employer maintains no place of
      business in this state, service shall be made as provided in chapter
      85 for nonresident employers.  In such case the finding and order may
      be filed in any court of competent jurisdiction within this state.
         The workers' compensation commissioner may thereafter petition the
      court for entry of judgment upon such order, serving notice of such
      petition on the employer and any other person in default.  If the
      court finds the order valid, the court shall enter judgment against
      the person or persons in default for the amount due under the order.
      No fees shall be required for the filing of the order or for the
      petition for judgment, or for the entry of judgment or for any
      enforcement procedure thereupon.  No supersedeas shall be granted by
      any court to a judgment entered under this section.
         When a report is required under section 86.11 or 86.13 or by
      agency rule, and the employer's insurance carrier possesses the
      information necessary to file the report, the insurance carrier shall
      be responsible for filing the report in the same manner and to the
      same extent as an employer under this section.  
         Section History: Early Form
         [S13, § 2477-m36; C24, 27, 31, 35, 39, § 1435; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 86.12] 
         Section History: Recent Form
         98 Acts, ch 1061, § 11; 2003 Acts, 1st Ex, ch 1, §122, 124, 133
         [2003 Acts, 1st Ex, ch 1, § 122, 124, 133, amendments to this
      section rescinded pursuant to Rants v. Vilsack, 684 N.W.2d 193]
         2004 Acts, 1st Ex, ch 1001, § 14, 19 
         Footnotes
         2004 reaffirmation and reenactment of this section as published in
      Code Supplement 2003 takes effect September 7, 2004, and is
      retroactively applicable to injuries occurring on or after July 1,
      2003; 2004 Acts, 1st Ex, ch 1001, § 19