Court of Appeals Affirms Denial of Workers' Compensation Benefits on Notice Grounds

 Taylor v. Iowa State University Extension, No. 20-1397 (Iowa App. Jan. 12, 2022)

Claimant was in a car accident as she was heading back to her office after giving a presentation.  She informed an office assistant of the accident and sought treatment from a chiropractor the next day.  When she sought treatment, she did not indicate her injuries were related to work.  Claimant testified that she spoke with her supervisor about the accident and the supervisor indicated the injuries were not work-related.  The supervisor testified she never told claimant the injuries were not work-related.  Claimant later told the employer her accident was work related after consulting an attorney some 22 months after the accident.  The agency concluded that claimant had not provided notice of the injury within 90 days of the incident and the case was dismissed under section 85.23.

As an initial matter, the court addressed a motion to strike claimant's reply brief because claimant allegedly raised issues requesting tolling of the notice pending that had not previously been raised.  The court finds that despite the fact that claimant had been told her injury was not work-related, she had never raised the tolling argument.  Because the issue had not previously been raised, the court refused to consider the issue.

On the merits, the court noted that claimant had indicated that her claim was due to an accident and had not checked the box for workers' compensation when she sought treatment.  The court also noted that claimant's email to her supervisor had said nothing of her vehicle problem.  The court also noted that the deputy had found the supervisor's testimony more credible than that of the claimant concerning notice of the claim.  Finally, the court finds that the agency had liberally interpreted the law. The court concludes that the decision of the agency was supported by substantial evidence.