Iowa Workers' Compensation

In Menard, Inc. v. Scheffert,  No. 14-1029 (Iowa App. 2014), the Court of Appeals concluded that claimant's rate, which was computed on the basis of having received bonuses, was properly computed by the agency.  The court concluded that the commissioner's finding that claimant's bonuses were not irregular was not irrational, illogical or wholly unjustifiable. Claimant received a bonus each year that her department was profitable.  From 1996 to 2008, the date of injury in the case, claimant received some amount of bonus, called the TPS bonus.  Additionally, claimant was eligible for an IPS bonus if the store was profitable.  Neither bonus was guaranteed, and could be revised downward based on fines assessed against employees.  Claimant received both a TPS and IPS bonus in the year of the injury, and the agency included these bonuses in determining claimant's rate.  The district court concluded that the agency's findings on this point were not irrational, illogical

In Reefer v. Gold-Eagle Cooperative , No. 14-0191 (Iowa App. Dec. 24, 2014), the Court of Appeals affirmed a decision of the commissioner finding that claimant had not demonstrated permanency, nor entitlement to medical care.  The court concluded that there was substantial evidence in the record to support the agency's findings. Claimant had a back spasm at work, which caused him to fall to the ground.  Dr. Jew, and later Dr. Igram, found that he had back spasms.  Ultimately, Dr. Igram released claimant to work with no restrictions and assigned no permanent impairment.  Claimant sought treatment on his own at the Low Back and Neck Care Institute in Minnesota.  He was diagnosed with spondylosis.  An IME from Dr. Kuhnlein concluded that claimant had a 10% impairment.  Following the finding of MMI by Dr. Igram, claimant's employment was terminated. At hearing, the existence of a work related injury was stipulated.  The deputy, however, found the injury was temporary and awarde

In Denison Municipal Utilities v. Iowa Workers' Compensation Commissioner , 857 NW2d 230 (Iowa 2014), the Iowa Supreme Court upheld a $1000 fine against the employer and EMC Insurance Companies for failing to file a first report of injury.  The employer had argued successfully before the district court that it was not required to file a first report in a case where claimant had not missed any work and had made no claims of permanency.  The Supreme Court reversed the decision of the district court.  The court also concluded that the employer had not made a sufficient showing of good cause to avoid the $1000 assessment. The action was precipitated when claimant filed an application for alternate medical care and the agency noted that no first report was on file.  The employer was given 30 days to file a first report, but did not do so.  Before the agency the employer argued that section 86.12 only allows a penalty when the first report is required by section 86.11.  The employer al