Iowa Workers' Compensation

Claimant in Sterling Commercial Roofing, Inc. v. Berzle , No. 15-0351 (Iowa App. Dec. 23, 2015), sustained a shoulder injury at work.  On substantial evidence grounds, the Court of Appeals concluded that the commissioner's decision finding a permanent disability that arose out of claimant's work activities was supported by substantial evidence, as the commissioner had considered the competing evidence on this issue. The employer also argued that the determination claimant was permanently and totally disabled was illogical, irrational and wholly unjustifiable.  The Court noted that claimant was a 56 year old roofer with restrictions of lifting no more than 2 pounds, with difficulties in school and no skills other than in roofing.  This was not an irrational finding by the commissioner, according to the court, and the decision was affirmed.

Plaintiff in Wusk v Evangelical Retirement Homes , No. 15-0166 (Iowa App. Dec. 23, 2015) asserted that she was wrongfully terminated from employment as a result of pursuing a workers' compensation claim.  The district court ruled in the employer's favor on summary judgment and the Court of Appeals affirmed. Plaintiff suffered a work related injury to her arm and pursued a workers' compensation claim.  On November 5, 2012, claimant was released from all restrictions and was cleared for regular duty work. Claimant called and left a message for her supervisor about this, and her supervisor called back within a day and left a message for claimant.  After this, claimant did not speak to anyone with the employer.  Her workers' compensation claim was settled on July 9, 2013.  Claimant was terminated in August of 2013, because she had not scheduled any hours and had not followed the terms of the pool agreement.  Claimant indicated she contacted the nursing home after this t

In Pettengill v. American Blue Ribbon Holdings, LLC , No. 14-1511 (Iowa App. Dec. 23, 2015), the court dealt with a situation where the commissioner had concluded that penalty benefits were not owed despite the fact that the employer had not contemporaneously conveyed the reasons for the denial of benefits to claimant.  The district court reversed and remanded and the Court of Appeals affirmed the decision of the district court. Claimant suffered a back injury, the extent of which was in serious dispute.  Dr. Runde provided initial treatment for the back pain, including physical therapy.  He also provided permanent restrictions for claimant. An MRI demonstrated a disk extrusion at L5-S1.  Dr. Broghammer indicated this was not due to the work injury, Dr. Neiman disagreed and though surgery was necessary.  Dr. Abernathey did not believe surgery was necessary and thought that the injury should have resolved within six weeks. The commissioner concluded that from February of 2011 until

In Baker v. Bridgestone/Firestone, No. 14-2062 (Iowa Dec. 18, 2015), the Court confirmed that the discovery rule applied to traumatic injury cases as well as cumulative injury cases.  The commissioner had ruled, in a series of cases beginning with Clark v. City of Spencer , No. 5017329 (App. Sept. 11, 2007), that the discovery rule did not apply to cases involving traumatic injuries.  On judicial review, the district court reversed the decision of the agency and the Supreme Court affirmed the decision of the district court. The Court first discussed the purpose and character of the Iowa's workers' compensation system, noting that the costs of a work injury should be borne by the industry itself and not dependent on individual fault or negligence.  The "grand bargain" providing immunity to employers from potentially large tort lawsuits in exchange for a claimant not have to demonstrate negligence was discussed at length, as was the assurance of prompt payments in the

Pro Publica, which has been investigating workers' compensation systems throughout the country, has today issued a report on the impact of Tyson Foods on workers' compensation throughout the country and specifically in Iowa.  https://www.propublica.org/article/tyson-foods-secret-recipe-for-carving-up-workers-comp.  The article discusses the impact of the food giant on changing workers' compensation systems throughout the country and specifically addresses Tyson's role in seeking to have former Commissioner Chris Godfrey terminated by the Governor. The article details the efforts of the Association of Business and Industry and Tyson to have Commissioner Godfrey fired, including the preparation of a lengthy list of cases that allegedly demonstrated the bias of the commissioner toward claimants.  Ultimately, because the Governor could not fire the Commissioner under Iowa law, he reduced his salary by over $30,000. Pro Publica's piece demonstrates how corporate inte