Posts

Showing posts from September, 2023

Court of Appeals Denies Temporary Benefits to Claimant Who Resigned and Later Rescinded Resignation

  Prairie View Management, Inc. v. Moran , No. 22-2023 (Iowa App. Sept. 27, 2023) Claimant emailed her employer with her resignation on December 5, 2019, with the resignation being effective on December 20.  On December 9, she was injured at work.  She submitted a formal letter of resignation a day after the injury, giving the same December 20 end date.  After the injury, claimant's duties were modified.  Claimant testified that she verbally sought to rescind her resignation, but did not file a written resignation.  The employer never offered work to claimant after December 20 and did not pay temporary benefits. The commissioner concluded that claimant was entitled to penalty benefits and temporary total disability benefits, as the employer had never offered work to claimant.  On judicial review, the district court reversed the decision of the agency and concluded that claimant was not entitled to penalty or temporary benefits.  The Court of Appeals notes that under section 85.33,