Iowa Workers' Compensation

Smithway Motor Xpress v. McDermott , No. 12-2296 (Iowa App. Nov. 20, 2013) is another in a line of cases where the Court of Appeals affirms the decision of the agency on substantial evidence grounds.  Claimant suffered a back injury while working for the employer.  He wished to leave his employment as a truck driver and was required to obtain a DOT physical.  He did not mention his back problems to the physician at the DOT physical.  He continued to have back problems and had continued treatment for those problems.  Dr. Neiman provided causal connection for the injury, but the hearing deputy found that a causal connection had not been established.  The commissioner reversed on appeal and provided a 40% industrial disability award. The court finds that the question of causation presents a mixed question of law an fact, adjudicated by the abuse of discretion standard.  The court must consider whether the law was applied in an unjustifiable, irrational or illogical manner.  The court no

In Staff Management v. Jiminez , 839 NW2d 640 (Iowa 2013), the Iowa Supreme Court addressed an issue that they had elliptically addressed in the past - the right of undocumented workers to receive workers' compensation benefits.  The court concluded that Iowa's statute did not exclude undocumented workers from coverage and also found that the Immigration Reform and Control Act of 1986 (IRCA) did not act to preempt state laws governing workers' compensation.  Three amicus curiae  briefs were filed in Jimenez  by the Workers' Injury Law and Advocacy Group, the Iowa Association of Justice's Workers' Compensation Core Group and the National Employment Law Project.  Jamie Byrne of Neifert, Byrne and Ozga wrote the amicus brief for the Core Group. The factual situation in Jimenez  involved a worker who was documented at the time she began employment, but who became undocumented during the time that she worked for the employer.  She was injured at work, and found to

In Horn v. Cummins Filtration-Lake Mills , No. 1300351 (Iowa App. Nov. 6, 2013), the Court of Appeals affirmed a decision awarding claimant the 6% impairment rating found by Dr. Kuhnlein, for an injury to the arm.  Three impairment ratings were presented at hearing, a 10% rating from Dr. Formanek, a 12% rating from Dr. Adams and a 6% rating from Dr. Kuhnlein.  The deputy awarded the 6% rating.  Claimant filed a rehearing application contesting that the deputy had used the wrong legal standard and noting that numerous aspects of the AMA Guides  were "faulty and unscientific."  The rehearing petition was not answered and was deemed denied.  The ruling was affirmed on appeal. On rehearing at the commissioner level, claimant argued that the determination of functional disability was not merely related to the impairment ratings.  The rehearing application was denied, and indicated that the arguments of counsel had been considered prior to the rendering of the Appeal Decision.  O