Iowa Workers' Compensation

In Polaris Industries v. McCormick , No. 15-1573 (Iowa App. June 15, 2016),  the agency had awarded a 20% industrial disability for her right shoulder and elbow problems.  The award was premised in part on the deputy's conclusion that "claimant has permanent restrictions for her job."  On appeal, the employer argues that no medical provider found that claimant had permanent restrictions and thus the decision of the agency was not supported by substantial evidence. On appeal, the court catalogues recent decisions regarding substantial evidence and concludes the agency's decision was supported by substantial evidence and was not irrational, illogical or wholly unjustifiable.  The court noted that Dr. Hines had advised claimant not to engage in lifting above shoulder height or lifting of the arm at the shoulder and repetitive flexion at the wrist.  This, combined with claimant's testimony as to her restrictions was found to be sufficient to support the conclusions

In Evenson v. Winnebago Industries, No. 14-2097 (Iowa June 3, 2016), the Supreme Court concluded that an employer's matching contributions to a 401(k) plan are not weekly earnings for rate purposes. The Court also concluded that the district court erred in affirming the date on which the healing period commenced and ended and the date on which PPD benefits commenced. On the rate issue, the court noted that "gross earnings" was defined in section 85.61(9) as recurring payment by the employer before deductions and excluding irregular bonuses, overtime pay, reimbursement of expenses and the employer's contribution for welfare benefits.  The Court notes that although an employee's 401(k) plan is related tangentially to his or her wage or salary, an employer's 401(k) plan matching contributions are based on the employee's choice and contribution.  Although the portion the employee chooses to contribute to the plan comes from his wages, the added contribution