Iowa Workers' Compensation

In McCarthy v. Jeld-Wen, Inc. , No. 13-0636 (Iowa App. Dec. 18, 2013), the Court of Appeals affirmed the commissioner's findings that claimant was not permanently and totally disabled due to a respiratory injury and also affirmed the decision that claimant's tinnitus did not arise out of his employment.  Claimant was awarded an 80% industrial disability by the commissioner and was also awarded healing period benefits. The court affirmed in the face of claimant's appeal and defendants' cross-appeal. Claimant was exposed to isocyanates at work, and although defendants admitted this fact, they claimed he was not entitled to healing period or permanency benefits.  Defendants denied claimant's tinnitus.   On the tinnitus question, the court concludes that substantial evidence supported the commissioner's finding without discussion, citing Rule of Court 21.26(1)(a), (b), (d) and (e). On the question of healing period, defendants question whether claimant was

In Searle Petroleum, Inc. v. Mlady , No. 12-2008 (Iowa App. December 5, 2013), the Court of Appeals addressed issues concerning substantial evidence and the appropriate commencement date for permanent total disability benefits and interest in a review-reopening proceeding.  The agency had concluded that claimant had demonstrated that he was entitled to additional benefits on review-reopening, and awarded permanent total disability.  The agency had indicated that benefits commenced on the date of the injury. In the initial decision, the commissioner had concluded that claimant had an industrial disability of 80%.  On review reopening, the agency found that given claimant's physical condition, he had been unable to secure employment and also noted that there had been no improvement in the claimant's employability. The commissioner affirmed, finding that there had been a deterioration of claimant's condition.  The agency found that benefits commenced as of the date of the in