Iowa Workers' Compensation

In Wegner v. Hormel Foods Corp. , No. 14-0300 (Iowa App. Feb. 25, 2015), the Court of Appeals affirmed the decision of the commissioner on rate and penalty issues.  Claimant had not reached maximum medical improvement at the time of hearing, and the the deputy deferred ruling on permanency, an alleged underpayment of temporary benefits and penalty claims because of this.  The commissioner affirmed the decision of the deputy. Claimant's initial argument was that the commissioner failed to comply with section 17A.16 of the Code, which requires that a proposed or final decision is to include findings of fact and conclusions of law, separately stated.  The court found that step-by-step reasoning in an agency decision was not essential. so long as "it is possible to determine what evidence was considered and why certain evidence was credited over other evidence."  Citing Schutjer v. Algona Manor Care Ctr., 780 N.W.2d 549 (Iowa 2010).  The court found that the agenc...

Hoyt v. Wendling Quarries , No. 14-0800 (Iowa App. Feb. 11, 2015), presented the interesting question of whether section 85.27 of the Code required or allowed for payment for counseling for the spouse of the injured worker, when that counseling was recommended by an authorized treater for the claimant.  Ultimately, the Court of Appeals concluded, as had the agency, that section 85.27, did not require payment for such treatment by the employer. Claimant suffered severe physical injuries while working, and subsequently developed depressive disorder, post-traumatic stress disorder and dementia.  He was ultimately found permanently and totally disabled, and that decision was not a part of the case before the Court of Appeals.  During claimant's treatment for his injury, Dr. Michael March, the authorized mental health provider, recommended that claimant and his wife engage in individualized counseling. Claimant's wife was his primary caretaker and Dr. March stated that she w...

In Menard, Inc. v. Schneberger , No. 14-0682 (Iowa App. Feb. 11, 2015), the Court of Appeals affirmed the decision of the commissioner concluding that claimant's mental health problems arose out of and in the course of his employment.  At the commissioner level, the employer stipulated to a physical injury to the shoulder, but denied that claimant's panic attacks and depression were related to the work injury.  Dr. Seamands, claimant's doctor for her psychological problems, noted that claimant had not had any history of depression other than situational depression under acute stressors. Claimant met with Dr. Donald Gammel for an evaluation requested by the employer.  Dr. Gammel was an occupational health doctor and he opined that the psychological difficulties were not related to the work injury.  He stated that the depression was a normal and expected manifestation of a preexisting disorder.  Dr. Seamands indicated that claimant did not have a preexisting con...

The court in Ramirez-Trujillo v. Quality Egg , No. 14-0640 (Iowa App. Feb. 11, 2015) addressed issues of causation and medical expenses, and affirmed the decision of the commissioner on both grounds.  At the appeal level before the agency, the commissioner held that claimant's condition subsequent to September 30, 2009 was not the result of her work injury on August 1, 2009, and that the employer was responsible for reimbursing claimant for out of pocket medical expenses incurred after September 30, 2009, "because the employer failed to notify Ramirez-Trujillo that the care was no longer authorized as required by Iowa Code section 85.27(4)." The district court reversed the commissioner's order with respect to medical expenses and affirmed the decision of the district court on the medical causation question.  The court found that it was reasonable for the employer to deny payment for the medical costs as claimant told the employer that the treatment was for a separat...

The court in Lull-Gumbusky v. Great Plains Communications , No. 13-1886 (Iowa App. Feb. 11, 2015) addressed a number of issues and affirmed the decision of the commissioner on all issues. The first issue presented to the court involved the exhibits presented by claimant.  The deputy found at hearing that the exhibits did not conform to the format outlined in the hearing report, because they were organized chronologically rather than chronologically by provider.  At hearing, the deputy indicated that the noncompliance would lead to the exclusion of evidence.  Claimant did not conform his exhibits and some of the exhibits were excluded.  The Court of Appeals noted that the agency had broad discretion in oversight and determinations about the admissibility of evidence and affirmed the exclusion of certain evidence. The commissioner found that review reopening was not appropriate because substantial evidence supported the conclusion of the commissioner that the facts...

In Pharaoh-Carlson v. Hy-Vee, Inc.,  No. 13-1446 (Iowa App. Feb. 11, 2015), plaintiff alleged that the jury instruction provided by the district court misstated the law regarding the workers' compensation public policy exception to the at-will employment doctrine.  Plaintiff argued that he was discharged for filing a workers' compensation claim while defendant argued that the discharge was due to a no-call, no show on the part of plaintiff. The court first noted that plaintiff had waived its objection to the jury instruction because the objection to the instruction, although made by plaintiff, was insufficiently specific.  Despite this finding, the court went on to address the merits of the decision.  The instruction to the jury, among other things, indicated that employment at will employees could be discharged for any reason, that it is against public policy to discharge workers for pursuing their right under the workers' compensation act, and indicated it was no...

Since August of 2014, when Chris Godfrey resigned as workers' compensation commissioner to become Chief Judge of the Employment Compensation Appeal Board, practitioners have waited for the Governor to appoint a new commissioner.  Deputy Miki McGovern was named acting commissioner in September of 2014 and has been acting in that capacity since that time.  On February 2, 2015, the governor named Joe Cortese as the new workers' compensation commissioner, effective February 16, 2015. Joe is a partner at Huber, Book, Cortese and Lanz, where has practiced since his admission to the bar in 1981.  Joe practices primarily as a defense attorney in the workers' compensation area.  The workers' compensation commissioner is appointed to a six year term and under the provisions of the law the position is not considered to be a political appointment.   His nomination is subject to confirmation by the Iowa Senate.