Iowa Workers' Compensation

In Anderson v. Care Initiatives, No. 14-0090 (Iowa App. Aug. 13, 2014), the agency had found that medical evidence supported a finding of causation.  On judicial review, the district court reversed.  The court of appeals reverses the district court, finding that there was substantial evidence to support the agency's finding. While working in a previous job, claimant had suffered an injury to her left shoulder and knee and was given permanent work restrictions in October of 2009 to avoid repetitive lifting, reaching above her head or working above her shoulder level.  She began working for Care Initiatives in July of 2010.  Care Initiatives knew of the restrictions, but found claimant was qualified to perform the job.  Two days before  she began work, claimant went to a nurse practitioner with complaints of back pain.  She was given home exercises and medications, but did not see a doctor prior to being employed by defendant. On February 25, 2011, c...

In Ryan Companies v. Bissell, No. 13-1869 (Iowa App. August 13, 2014), the court of appeals affirmed a decision of the commissioner concluding that the employer had actual notice of claimant's injury, that the injury arose out of and the course of claimant's employment and that claimant was permanently and totally disabled. The major fighting issue in the case seemed to be the question of whether claimant had actually notified the employer of his injury.  The agency found that because claimant had told the employer of his injury on the day it occurred (and a foreman had asked if he needed an ambulance), this was sufficient for actual notice.  Claimant did not inform the employer that he was going to seek workers' compensation benefits at that time and initially believed that because he had previous back problems this was not work related.  Despite this, the agency made a factual finding that the employer had actual notice, and this was upheld by the district court and c...

Over the years, the Pella Corporation (formerly Rolscreen) has paid yearly bonuses to its employees.  Although the bonuses differed in amount each year and there was no absolute certainty that the bonuses would be paid each year, those bonuses have been paid every year, since at least the late 1980s.  In Noel v. Rolscreen , 475 N.W.2d 666, 667 (Iowa App. 1991), the court affirmed the commissioner's conclusion that excluded the bonus from a claimant's gross earnings.  Following that case, Pella repeatedly pointed to Noel as excluding their bonuses from consideration in determining gross weekly wages.  The commissioner would sometimes include the bonus, sometimes not, and oftentimes, the cases would proceed to district court.  This is precisely the situation in Pella Corp. v. Minar , No. 13-1616 (Iowa App. Aug. 13, 2014). The court in Minar  posited the issue as whether the agency's inclusion of the bonuses in gross earnings was "irrational, illogical, or w...

In Saltern v. HNI Corp. , No. 13-1193 (Iowa App. Aug. 13, 2014), the parties agreed to settle the case on an agreement for settlement basis, with defendants agreeing to pay penalty benefits for the delay in paying benefits.  After the AGFS was filed, claimant filed a bad faith claim and filed a motion for partial summary judgment urging the court to find that there was no reasonable basis to deny and delay benefits.  Defendants filed a cross motion for summary judgment, urging dismissal.  The district court denied claimant's motion and granted defendants' motion. Defendants argued that the facts in the workers' compensation case were such that there was a question of whether claimant slipped on ice in the parking lot, or whether the fall was idiopathic in nature.  Claimant argued that defendants' action of agreeing to payment of penalty demonstrated that there was no reasonable basis for its action in denying and delaying payment of benefits.  Claimant argued ...

On Monday, August 4, 2014, Commissioner Chris Godfrey resigned his position as Iowa's Workers' Compensation Commissioner. Since 2010, the governor had attempted to force Commissioner Godfrey's resignation, first by asking for the resignation, and later by reducing his salary substantially in an effort to force that resignation.  As a result of the attempts to force his resignation, Commissioner Godfrey filed a lawsuit against the Governor and other state officials, claiming extortion, defamation and a violation of the commissioner's civil rights because of his sexual orientation.  The story in the Des Moines Register can be found at  http://www.desmoinesregister.com/story/news/2014/08/05/chris-godfrey-taking-federal-job-still-pursuing-lawsuit/13610657/ .  As noted in the Register article, despite taking the job with the Employees Compensation Appeal Board (ECAB), the lawsuit against the governor and others will continue. Despite the fact that the Iowa Workers' Com...