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Showing posts from July, 2018

Court of Appeals Affirms Commissioner's Industrial Disability Findings

In Harper v. Lensing, Ltd., No. 17-1615 (Iowa App. July 18, 2018), the Court of Appeals affirmed the industrial disability findings of the agency in light of claimant's argument that the agency had not demonstrated a "logical pathway" outlining the commissioner's industrial disability determination.   Claimant suffered an automobile accident while at work, as a result of which her duties were modified.  She later had a fall at home, was placed on light duty and ultimately had her restrictions lifted.  Claimant then developed pneumonia and missed substantial amounts of work.  The employer terminated her employment. Claimant was paid 17 weeks of benefits before hearing.  The deputy and commissioner concluded that claimant was not entitled to permanency above the payment of that 17 weeks of benefits.  The commissioner relied on the opinions of Dr. Jones and Dr. Broghammer.  Claimant sought rehearing and the commissioner again found that he relied on the opinions

Court of Appeals Rejects Claimant's Attempt to Levy Property of Employer for Workers' Compensation Payments

In Ha v. CMP Tactical Lazer Tag, No. 17-0687 (Iowa App. July 18, 2018), the Court of Appeals was asked to rule on a claimant's attempt to levy on the property of the employer.  The business was known by different names (AKA, Escape Chambers, CMP) and claimant alleged this was the same property where claimant worked when she suffered her work injury.   Claimant was hired by AKA and continued to work for the facility after her injury in April of 2014.  In early 2014, the facility rebranded itself as CMP.  AKA later indicated that Ha was not an employee.  The agency case caption showed CMP as the employer, but had the same number as the claim against AKA.  CMP did not participate in the workers' compensation hearing and default was entered against CMP.  Claimant filed for a motion for entry of judgment against CMP in district court.  The district court entered judgment against CMP and claimant attempted to garnish CMP's bank accounts.  Claimant attempted to levy agains