Iowa Workers' Compensation

In Tyson Foods v. Gaytan , No. 14-1397 (Iowa App. March 25, 2015), the Court of Appeals summarily affirmed a finding of permanent total disability in a review reopening case.  The court noted that their review of final agency action was severely circumscribed and noted that it was the workers' compensation commissioner who weighed the evidence and measured the credibility of witnesses.  The court found that the district court had considered the issues, applied the correct standard of review principles and affirmed the commissioner's decision pursuant to Iowa Ct. R. 21.26.

The Court of Appeals in NID, Inc. v. Monahan, No. 14-0292 (Iowa App. March 25, 2015) grappled with questions of res judicata and judicial estoppel in the context of an alternate medical care proceeding.  The court concluded that res judicata and judicial estoppel did not apply and refused to enter sanctions against the defendants for their failure to provide care. The court begins by noting that the proceeding was "unnecessarily Dickensian in duration and procedural complexity."  Claimant had suffered an injury to his shoulder in 2007 and received treatment for that injury.  He filed a petition almost two years after the injury and at hearing the parties stipulated that claimant had suffered an injury that arose out of his employment.  The parties disputed whether claimant's medical expenses were connected to the injury.  After the arbitration hearing but before decision, claimant treated, on his own, with Dr. Neff, who recommended surgery for the left shoulde...

In Heritage Care & Rehabilitation v. True , No. 14-0579 (Iowa App. March 11, 2015), the court affirms a decision of the commissioner holding that claimant's claim was timely filed and awarding 30% in industrial disability benefits. Claimant injured her right shoulder while taking out the trash in 2010.  She was provided medical treatment for a short period of time, but did not miss any days of work, so no weekly workers' compensation benefits were paid.  Claimant initially filed a petition seeking only medical benefits, which was filed within the limitations period.  Approximately a month before the hearing, and three days before the expiration of the statute of limitations,  claimant sought to amend her petition to include a claim for temporary and permanent benefits. She paid a $100 filing fee at the same time the amendment was filed.  The deputy hearing the case initially denied the motion to amend and ordered claimant to file a separate arbitration pet...

In Moad v. Libby and Dakota Truck Underwriters , No, 14-0290 (Iowa App. March 11, 2015), a case decided on the same day as the decision in Moad v. Gary Jensen Trucking , the Court of Appeals concludes that a subrogation lien filed by the workers' compensation insurer was effective under South Dakota law. Claimant was a resident of South Dakota, employed by a South Dakota trucking company. He was paid workers' compensation benefits voluntarily under South Dakota law for an injury that occurred in Iowa.  Following claimant's death, his wife sought benefits under Iowa's workers' compensation laws.  Claimant's wife settled the personal injury claim and the parties agreed that there was a right to subrogation if South Dakota law controlled, and no right to subrogation if Iowa law controlled.  The district court found that Iowa law governed and extinguished the lien. The case came to the Iowa Supreme Court in Moad v. Dakota Truck Underwriters , 831 N.W.2d 111 (Iow...

In Moad v. Gary Jensen Trucking , No. 14-0164 (Iowa App. March 11, 2015), the Court of Appeals affirmed the agency's decision finding that claimant was not entitled to death benefits.  Claimant died three months following a head on collision that occurred while he was driving for the employer.  Claimant had been hospitalized with serious injuries following the collision.  When he was released he complained of constant pain, swollen legs and poor appetite.  He continued smoking despite doctor's instructions, and continued to be in pain, including pain when he attempted to take a deep breath. He was readmitted to the hospital, but discharged about a week later.  Pain in the chest continued, and he ultimately had to be admitted to the hospital again with cardiac problems.  While being airlifted to another hospital, claimant died, with the death certificate noting a massive pulmonary embolus. Claimant's treating physician indicated that he had died from eithe...

In Bell v. 3E , No. 14-0044 (Iowa App. March 11, 2015), the court upheld the award of a 5% disability in the face of claimant's argument that the agency had failed to make adequate findings of fact, conclusions of law and credibility determinations under section 17A.16 of the Iowa Code.  The fighting issue in the case was whether the agency appropriately considered (or failed to consider) evidence presented that demonstrated that claimant was unable to work as a firefighter as a result of the injury (a job he had not held in the past). Claimant suffered a slip and fall at work, resulting in a left wrist sprain, ganglion cyst, lower back strain and a contusion to the left shoulder and elbow.  Claimant had surgery for the cyst and physical therapy for the wrist and shoulder.  An MRI showed no abnormalities of the back.  Claimant was returned to regular duty work.  He was found to have a 5% industrial disability. Claimant argued at hearing that the agency ignor...