Iowa Workers' Compensation

In Borkovec v. Dish Network , No. 17-0743 (Iowa App. May 16, 2018), the Court of Appeals affirmed the decision of the commissioner which had held that a work injury was the cause of claimant's opioid dependency, but concluding that permanency was not ripe because claimant had not reached the end of his healing period.  The records presented at hearing indicated that if claimant had treatment for his addiction, his function might improve. The  hearing deputy had concluded that claimant was permanently and totally disabled and the appeal decision changed that to a running healing period.  Following a petition for judicial review, the district court reversed the commissioner's decision and found that claimant was permanently and totally disabled.  The Court of Appeals reinstates the decision of the commissioner. Claimant was involved in a serious auto accident and was provided  large impairment ratings by the doctors who opined on the issue.  Dr. Kuhnlein concluded that claiman

Claimant alleged that he suffered an injury to his knee while gassing up his truck and argues that the commissioner ignored uncontested expert testimony in concluding that claimant's injury did not arise out of and in the course of employment.  In Swanson v. A.V. Transportation , No. 17-1127 (Iowa App. May 16, 2018), the Court of Appeals affirms the denial of benefits on substantial evidence grounds. Claimant was an over the road truck driver, who was gassing up his truck on ice covered ground when he slipped, did the splits and felt pain in his right knee.  Claimant did not initially report the injury, but later reported it, indicating this had happened on February 14.  He later amended that to February 15, and finally to February 7.  The claim was initially accepted and an MRI showed a meniscal tear.  The knee was repaired.  An IME, by Dr. Milas found that the knee injury resulted from work related activities, and was based on claimant's account of the injury. At hear