Iowa Workers' Compensation

  2024 Workers' Compensation Appeal Decisions April 2024 Ramirez Ruiz v. Hy-Vee, Inc. , No. 22004416.01 (App. April 19, 2024) - Claimant suffered an injury to the left foot which the deputy found had extended into the body as a whole.  A 45% industrial disability was awarded.  The deputy agreed to claimant's rate and awarded payment of healing period, temporary partial and penalty benefits.  The penalty was for the underpayment of benefits (Humphrey, in a 58 page decision). On appeal, the commissioner affirmed the decision of the deputy without additional analysis.  4 months from arbitration to appeal decision. Hayes v. Christian Retirement Homes, Inc. , No. 21-14161.02 (App. April 10, 2024) - The deputy concluded claimant had failed to demonstrate an injury arising out of employment.  The deputy also concluded that claimant failed to demonstrate a permanent disability (Gerrish-Lampe). On appeal, the commissioner affirms without additional analysis. 4 months from arbitration t

  Hagen v. Serta/National Beddikng, LLC , No. 22-0684 (Iowa Feb. 5, 2024) Claimant failed to timely certify her expert witnesses and also failed to produce the reports of the experts at least thirty days before hearing.  The deputy found that the acceptance of the reports would be unduly prejudicial to the employer and excluded the reports.  The commissioner affirmed this decision, but the district court reversed that decision.  The Court of Appeals affirmed the decision of the district court on appeal and the Supreme Court accepted the case for further review. Under rule 876 IAC 4.19(3), claimant was required to certify experts within 120 days of hearing.  The rule also provides that reports from experts were to be provided within 30 days of hearing.  The rules note that evidence may be excluded "if the objecting party shows that receipt of the evidence would be unfairly prejudicial."  Hearing in the case was set for September 25, 2020. Although claimant was originally to ha

Tweeten dba Tweeten Farms v. Tweeten , 999 N.W.2d 270 (Iowa Dec. 22, 2023) In this action reviewing the district court decision, three issues were presented: Does the statutory bar under section 85.39(9) of the Code preclude further benefits following a compromise settlement between claimant and the Second Injury Fund? Does the discovery rule toll the statute of limitations following amendments to section 85.26(1) of the Iowa Code? How do amendments to section 85.39(2) of the Code affect reimbursement for independent medical exams?           The Supreme Court concluded that a compromise settlement with the Fund does not bar an action against the employer.  The Court further finds that, in actions based on a traumatic event, the legislative changes to 85.26(1) made in 2017 effectively eliminates the discovery rule.  Because of the decision on this third issue, the final issue concerning independent medical evaluations was not reached. Claimant suffered an injury to his right arm on July