Neifert, Byrne & Ozga, P.C.

Welcome to the blog for Neifert, Byrne & Ozga, P.C., devoted to developments in the field of workers' compensation in the State of Iowa. We hope the blog provides helpful information to users, including updates of Iowa Supreme Court and Court of Appeals cases of interest to claimants and workers' compensation practitioners.

Neifert, Byrne & Ozga represents only injured workers in workers' compensation claims in Iowa. This blog is meant to provide accurate and updated information on state of workers' compensation claims in our state. Should you have further questions, please contact us at Neifert, Byrne & Ozga, P.C, 1441 29th Street, Suite 111, West Des Moines, IA 50266. Tel. 888-926-2117 (toll free). Visit us on the web at www.nbolawfirm.com or www.iowa-workers-comp.com.

Wednesday, August 17, 2016

Court of Appeals Affirms 35% Award With Minimal Analysis

Polaris Industries v. Quastad, No. 15-1572 (Iowa App. Aug. 17, 2016) represents the latest Court of Appeals decision to note that the scope of review on appeal is limited, and that the commissioner's decision can only be reversed if that decision is illogical, irrational or wholly unjustifiable.  The court affirms a 35% industrial disability award and notes that there can be a diminution of earning capacity even when there has not been a diminution in actual earnings, citing ABF Freight Systems, Inc. v. Veenendaal, No. 11-1862, 2012 WL 186033, at *4 (Iowa App. May 23, 2012).