Iowa Workers' Compensation

  Askvig v. Snap-On Logistics Co., No. 20-0997 (Iowa Dec. 17, 2021) This case presents the question of whether the Supreme Court's COVID order of April 2, 2020 and May 8, 2020, which tolled the statute of limitations "or similar deadline" for commencing an action in district court applies to the filing of a petition for judicial review in a workers' compensation case, specifically a PJR filed following a deemed denial of a rehearing application before the agency.  The Court concludes that the statute is not tolled in such a situation. Claimant filed an application for rehearing with the workers' compensation commissioner on February 25, 2020.  Under operation of the workers' compensation regulation at 876 IAC 4.24, if the commissioner fails to act on an application within 20 days, it is deemed denied. In Ms. Askvig's case, this was March 16, 2020.  Under section 17A.19(3), an application for rehearing which is deemed denied, a PJR must be filed within 30 d

  Jackson v. Bridgestone Americas Tire Operations , No. 21-0017 (Iowa App. Dec. 15, 2021) Claimant's estate alleged that he committed suicide as a result of a mental injury arising out of his employment.  The agency and district court denied benefits.   Claimant was a 28 year employee at Bridgestone and he missed only three days of work in those 28 years.  In August of 2016, claimant engaged in acts of insubordination (disobeying supervisory directives concerning safety and quality) and lying about those acts.  He was suspended for a cooling off period.  He was subsequently called into a meeting and was told he was being fired.  Claimant went home and was found in the garage with his vehicle running.  At that point, he agreed to come out, but he left the home and was found dead by hanging a few hours later.  Claimant had made statements at the time that he would take his life if he lost his job. Approximately eight months before his death, claimant was diagnosed with major depressi

Foster v. East Penn Manufacturing Co., Inc. , No. 20-1738 (Iowa App. Dec. 15, 2021) Claimant suffered a work injury and was initially paid benefits for her time off work and for medical care. A second surgery was recommended, but the employer did not authorize the surgery or pay for her time off work after the second surgery.  The agency imposed penalty against the employer and this finding was affirmed by the district court.  Defendant appeals, arguing that the delay was necessary to investigate the claim, there was a reasonable basis for the delay and there was a good faith basis to dispute the entitlement to benefits. The surgeon who had performed claimant's original surgery recommended a second surgery.  Defendants sent claimant to a second surgeon (Dr. Kirkland), who found that claimant was not at MMI and indicated that the problems she was experiencing were related to the original injury.  The treating physician, Dr. Goding, requested an MRI, which was authorized.  Based on t