Iowa Workers' Compensation

In Polaris Industries, Inc. v. Sharar , No. 14-1648 (Iowa App. April 22, 2015), the court finds that substantial evidence supports the determination of the agency that claimant suffered a 40% industrial loss. Claimant suffered an injury to his right shoulder, requiring two surgeries.  As a result, claimant's job with the employer changed, although he was able to perform his tasks largely unassisted.  Claimant's IME physician provided restrictions of 35 pounds lifting and a vocational specialist noted a reduction of employability of 61%, and a reduction of labor market access of 70%, with a loss of earning capacity of 65%.  The arbitration decision, as affirmed by the commissioner, resulted in a finding of a 40% loss of earning capacity. The court finds that substantial evidence supported the 40% industrial finding, noting claimant was prevented from engaging in heavy physical labor, had difficulties adapting to retraining and learning new skills.  The employer ci...

In Archer Daniels Midland v. Warren , No. 14-0956 (Iowa App. April 22, 2015), the court affirmed an agency decision finding permanent total disability.  The court rejected defendants' claim that claimant's plan to retire, which were made before the injury occurred, precluded an award of permanent total disability. Claimant had a severe, preexisting injury to his right hip.  Despite this, claimant was able to work steadily from 1969, when the injury occurred, through 2001, when he began to work for ADM.  His health at that time was said to be excellent and he was under no restrictions.  Claimant began to suffer pain in his hip and went to his doctor  in January of 2009.  He was treated symptomatically for over a year and the possibility of a total hip arthroplasty was discussed in September of 2010.  The total hip replacement was conducted on February 22, 2011.  Claimant returned to work but was told that his restrictions could not be accommodate...

This case represents the fourth time the appellate court has ruled in Millenkamp v. Millenkamp Cattle Co. , No. 14-0732 (Iowa App. April 22, 2015).  In this iteration of the case, the court addresses an issue of alternate medical care, where claimant urges authorization of Dr. Neiman, the neurologist of his choice.  The court describes this proceeding as "virtually identical" to a 2013 ruling by the court denying alternate medical care. Claimant challenged the employer's refusal to authorize care with Dr. Neiman and the employer's authorization of Dr. Cullen.  The agency noted that claimant had failed to notify the employer of his original neurologist's retirement, his decision to begin treating with Dr. Neiman and his refusal to treat with Dr. Cullen. The agency concluded that claimant sought care with Dr. Neiman not because Dr. Neiman could provide better care, but simply because he wanted to choose his own doctor. The court found the agency's findings w...

On April 14, 2015, the Iowa Senate voted 42-8 to confirm Joe Cortese as the Iowa Workers' Compensation Commissioner.  Joe takes over the position from Chris Godfrey, who left the position in August of 2014 to take a position as Chief Judge with the Employees Compensation Appeal Board. We look forward to working with Joe as commissioner, as he faces the challenging task of running a historically underfunded agency that is attempting to handle workers' compensation cases throughout the state with  minimal resources. Our thanks to Miki McGovern for her service as Acting Commissioner prior to Joe's appointment and confirmation.

The court in United Heartland and Camanche Community School District v. Brown, No. 14-1070 (Iowa App. April 8, 2015) concluded that claimant's allegations that she suffered a respiratory injury due to exposures to dust and mold in the classroom were supported by substantial evidence. The court affirmed the commissioner's decision that claimant had suffered a compensable injury. Claimant was a teacher who taught in a windowless room with little ventilation.  In 2000, she developed severe bronchitis and missed school due to lung ailments.  Because of this, she was assigned to a different classroom.  She stayed in that classroom for nine years, until her employment ended.  Claimant described that room and other rooms in the school as filthy and she battled repeated bronchial infections, asthma and sinus infections.  These maladies would remit over the summer when she was away from school. Testing showed fungal growth and a hygienist suggested the school conduct...

In Roberts Dairy v. Billick , No. 13-1009 (Iowa April 3, 2015), the Supreme Court for the first time addressed the meaning of the apportionment provisions of section 85.34(7) of the Iowa Code and concluded that in a situation where an employee has an injury with one employer, and later has an injury with a different employer, apportionment does not apply. Claimant had a back injury in 1985 which resulted in the assessment of an 85% industrial disability in an agreement for settlement.  Claimant was able to get back to work and had another injury in 1993, resulting in injuries to his head, neck, left shoulder, ribs, back and left arm.  This was settled on an agreement for settlement under Missouri law for 18.5%.  Claimant began working for Roberts Dairy in 2001.  He suffered an ankle injury in 2004; injuries to his head, neck and left shoulder in 2004; a thoracic compression fracture in 2006; and a chest/shoulder injury which also caused emotional trauma in 2007. ...