Iowa Workers' Compensation

In Perry Lutheran Home v. Coleman , No. 14-1347 (Iowa App. July 22, 2015), the Court of Appeals once again affirmed the factual findings of the commissioner on causation and extent of impairment. The agency had concluded that claimant had a permanent back impairment as a result of an injury that occurred while claimant was working as a certified nursing assistant.  The employer had argued that the impairment was a temporary exacerbation of a preexisting condition that had returned to baseline. Claimant had suffered a prior back injury and had surgery for that injury, but subsequently passed a physical for work at one nursing home before switching to a similar position at the Perry Lutheran Home.  Claimant continued to suffer from back pain while working for the employer, but suffered a specific incident on May 18, 2011, when she caught a resident who was starting to fall. Dr. Mooney initially placed claimant on 20 pound restrictions and claimant was provided injections for her cond

In Reinsbach v. Great Lakes Cooperative , No. 14-0467 (Iowa July 9, 2015), the Court of Appeals affirmed the decision of the commissioner that claimant's condition had deteriorated since his agreement for settlement and that claimant was entitled to healing period benefits and medical benefits as a result.  The court also remanded the costs issue to the agency in light of the recent Supreme Court decision in DART v. Young. On the review-reopening issue, the court found substantial evidence supported the agency's decision and affirmed, noting the thorough and well reasoned decision of the district court.  The decision was affirmed pursuant to Iowa Court Rule 21.126. On the costs issue, the district court upheld the agency's decision to assess Dr. Kuhnlein's IME costs as a hearing cost under 876 IAC 4.33(6).  The court noted that under DART v. Young, only costs associated with the preparation of the IME report could be taxed as costs.  "The underlying medical exp

In First Fleet Corp. v. Hannam, No. 14-1254 (Iowa App. July 9, 2015), the court affirmed the decision of the agency finding that claimant's shoulder injury and nervous system injury had resulted in a 50% industrial disability for claimant.  Claimant had suffered admitted injuries to his legs as a result of a hit and run accident while he was driving truck, and an IME (Dr. Creighton) demonstrated that there was a 3% rating as a result of a gait derangement, a 19% impairment from loss of motion in the right hip, 3% for trochanteric bursitis and 3% for a shoulder injury associated with the accident.  Restrictions of minimal walking and not lifting more than 30 pounds and not lifting anything overhead were imposed.  A DME by Dr. Neff indicated there was a 1% impairment as a result of skin change over the sensory distribution to the right lateral femoral cutaneous nerve.  No work restrictions were imposed.  Dr. Conte, who had treated claimant, found a 0% functional impairment. The arb