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Showing posts from July, 2011

Court of Appeal Affirms Decision Against Claimant on Substantial Evidence Grounds

In Yanouskiy v. O'Holloran Int'l, Inc. , No. 1-436 (Iowa App. July 13, 2011), the court concluded that the decision of the commissioner ruling that claimant was entitled to no further benefits was supported by substantial evidence.  Claimant alleged arm and back and neck injuries, and was paid temporary and permanent benefits, with the permanency amounting to approximately 15%.  At hearing, the deputy found claimant not credible, and indicated that claimant had distorted his restrictions in talking with the doctors.  The deputy found, and the commissioner upheld, that claimant was not entitled to further benefits, and that his back and neck injuries were not related to his work.  The court of appeals affirmed the decision of the commissioner on substantial evidence grounds.

Court of Appeals Decides Rate Case Favorably to Claimant

In Mercy Medical Center v. Healy , No. 1-338 (Iowa App. June 29, 2011), the court decided a rate issue concerning the use of paid sick and vacation time.  Claimant was hired to work 35 hours a week for Mercy Medical Center in Dubuque, but seldom worked this many hours, due to illnesses and vacations.  Under the terms of her employment, she was paid for the vacation and sick time, and the commissioner found that because she was hired to work 35 hours a week, these were her customary hours.  The rate was accordingly based on a 35 hour weeks at claimant's rate of pay. The district court reversed on the rate issue, finding that since claimant never (or seldom) actually worked 35 hours per week, a rate based on these hours of work was not customary.  The district court found that the hours "actually worked" were the touchstone for the rate calculation rather than the wages received by the employee.  The court found that the language of section 85.36 (specifically the langu

Court of Appeals Affirms Penalty Award, Healing Period Benefits

In MC&R Pools v. Shea , No. 1-279 (Iowa App. June 15, 2011), the court of appeals affirmed a decision of the commissioner finding that the employer was liable for penalty benefits as well as healing period.  Shea involved a claimant who had preexisting conditions, including a 25 pound lifting limit on his activities.  He slipped on ice while at work, involving a neck injury and eventual cervical fusion.  The treater found that the injury caused an aggravation of Shea's underlying condition, and an medical reviewer concluded that this aggravation was temporary and that Shea had returned to baseline prior to the cervical fusion.  The commissioner awarded 40% industrial disability and imposed a penalty on the employer for failure to pay benefits. On the penalty issue, which involved the failure of the employer to pay any benefits (this issue was based on the penalty law as it existed prior to changes in the law in July of 2009), the court noted that the employer had a continuin

Court of Appeals Affirms Two Permanent Total Awards

In Bethany Lutheran Home v. Boner , No. 1-217 (Iowa App. June 15, 2011) and Swine Graphics Enterprises v. Peterson , No. 1-223 (Iowa App. June 15, 2011), the court of appeals affirmed two agency decisions finding that claimants were permanently and totally disabled.  As might be expected, the decisions were premised on the fact that the commissioner's decisions were supported by substantial evidence.  Both decisions were summary affirmances, saying little other than that the commissioner's decisions were supported by substantial evidence.

Governor Unilaterally Reduces Commissioner's Salary

In an action that has been roundly criticized by workers and workers' compensation practitioners, Governor Branstad on July 11 reduced the salary of Chris Godfrey, the workers' compensation commissioner, by over $30,000.  This action followed the governor's request that Commissioner Godfrey resign from his office, a request that the commissioner refused. Unlike department heads  in state government, the workers' compensation commissioner does not serve at the pleasure of the governor.  In fact, the workers' compensation commissioner was specifically protected from partisan pressure by being provided a six year term of office, independent of that of the governor.  The governor's attempt to attempt to force the commissioner to resign by drastically reducing his salary violates both the letter and spirit of the law, and represents a blatant abuse of power. In the wake of the salary reduction, the governor attempted to argue that Commissioner Godfrey had perform