Pro Publica Publishes Article on the Impact of Tyson Foods on Workers' Compensation in Iowa

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 interests which have the ear of the governor can attempt to pervert the purposes of the workers' compensation system, which is supposed to provide for medical care, temporary benefits and permanency benefits to those who are injured at work.  The article is worth reading, both for the implications in Iowa and across the country.

Comments

Post a Comment

Popular posts from this blog

Court of Appeals Affirms Denial of Workers' Compensation Benefits; Rules on Credit Issue

Thomas v. Archer Daniels Midland Company , No. 23-0323 (Iowa App. Nov. 8, 2023) Claimant initial suffered a compensable injury to his right eye in 2017.  He subsequently sustained several injuries in 2018 while stepping off a pontoon boat, which he attributed to a lack of depth perception as a result of his eye issues.  The deputy ruled in favor of claimant, but the commissioner reversed, finding that the 2018 injuries were not a sequelae of the original eye injuries.   The Court of Appeals concluded that the decision of the commissioner was supported by substantial evidence and affirmed the decision of the commissioner.  The Court noted that medical causation was a question of fact vested in the commissioner's discretion and noted that although claiant speculated that his fall was caused by his right eye injuries, claimant could not specifically recall what happened and there were no witnesses to provide context.  The speculation of medical experts that vision loss caused the fall
Read more

2021 Workers' Compensation Appeal Decisions

  2021 Workers' Compensation Appeals Decisions The following are appeal decisions decided by the commissioner in 2021, by month. December 2021 Carmer v. Nordstrom , No. 1656062.01 (App. Dec. 29, 2021) - Claimant was found to have sustained an injury to her right shoulder and a sequela injury to her left shoulder.  Both of these injuries were found to be scheduled member injuries, but the injuries were found to be industrially compensable under 85.34(2)(v). Claimant was found to have a 70% industrial disability (Palmer). On appeal, the commissioner affirms that there was a sequela injury to the left shoulder, crediting Dr. Segal's report over that of Dr. Milani.  Most importantly, the commissioner affirms the fact that because the two shoulder injuries were the result of a single incident, this injury was to be treated industrially under 85.34(2)(v).  The commissioner notes that "shoulder" injuries were not added to the list of injuries that were to be treated a schedu
Read more

2024 Workers' Compensation Appeal Decisions

  2024 Workers' Compensation Appeal Decisions April 2024 Ramirez Ruiz v. Hy-Vee, Inc. , No. 22004416.01 (App. April 19, 2024) - Claimant suffered an injury to the left foot which the deputy found had extended into the body as a whole.  A 45% industrial disability was awarded.  The deputy agreed to claimant's rate and awarded payment of healing period, temporary partial and penalty benefits.  The penalty was for the underpayment of benefits (Humphrey, in a 58 page decision). On appeal, the commissioner affirmed the decision of the deputy without additional analysis.  4 months from arbitration to appeal decision. Hayes v. Christian Retirement Homes, Inc. , No. 21-14161.02 (App. April 10, 2024) - The deputy concluded claimant had failed to demonstrate an injury arising out of employment.  The deputy also concluded that claimant failed to demonstrate a permanent disability (Gerrish-Lampe). On appeal, the commissioner affirms without additional analysis. 4 months from arbitration t
Read more