Iowa Workers' Compensation

In Bridgestone/Firestone v. Dalton , No. 15-0571 (Iowa App. Feb. 24, 2016) , claimant suffered an injury to his shoulder which was denied by the company.  The agency found that claimant's injury had resulted in a 50% industrial disability and a penalty of $75,000.00 was assessed against the employer by the deputy.  On appeal, the penalty award was reduced to $33,027.69.  The district court affirmed the commissioner's decision. The court noted that factual issues were decided based on the substantial evidence standard, and that the application of law to facts was determined based on the "demanding 'irrational, illogical or wholly unjustifiable' standard of section 17A.19(10)(m)." On the penalty issue, the court noted that Dr. Troll had found that because there was no specific injury, he could not relate his shoulder problems to work.  Claimant subsequently saw Dr. Neff, who recommended surgery.  The agency found that Dr. Troll's opinion was not a reason...

In Gordon Sevig Trucking Co. v. Radwan , No. 15-0297 (Iowa App. Feb. 24, 2016), the court concludes that the decision of the agency finding that claimant had sustained an aggravation of his underlying back condition, a shoulder injury and a subsequent mental injury was supported by substantial evidence.  The court also affirms the commissioner's 40% industrial disability award. Claimant had suffered an earlier injury to his back, which resulted in surgery.  When he was hired for the employer, he did not disclose the earlier back injury, but had no problems with his back for two years after he started work.  Claimant suffered an unwitnessed slip and fall at work in November of 2009.  He was transported by ambulance to the hospital. Claimant ultimately had surgery at a different level of his lumbar spine than his earlier surgery.  The deputy concluded that there had been a back injury and a temporary mental health injury.  A 40% industrial disability was aw...

In Kraft Foods, Inc. v. Shariff , No. 15-0287 (Iowa App. Feb. 24, 2016), the Court of Appeals addressed a situation where the deputy found that claimant's testimony was not credible and relied on the on-site physician to find that the claim did not arise out of and in the course of employment.  The commissioner reversed the decision of the deputy on appeal. Claimant was in an auto accident which resulted in a closed head injury, a back injury, a right shoulder injury and a left knee injury.  He was initially treated but at some point the plant doctor  "began to grow inpatient and disenchanted" with claimant, who was the safety manager for the employer.  Dr. Garrels indicated that he had "lost all respect" for the claimant and discussed the "extreme nature of his manipulation."  He left the impression with another treating doctor that he believed claimant was malingering. Dr. Field and Dr. Epp found that claimant's right shoulder problems were r...

In Polaris Industries v. Hesby , No. 15-0629 (Iowa App. Feb. 10, 2016), the Court of Appeals addressed the issue of whether the defendant had presented sufficient evidence to justify a credit for prior injuries that occurred to claimant while working with the same employer.  The agency had concluded that no satisfaction of the employer's obligations was due because the employer failed to produce sufficient evidence to justify the credit.  The district court reversed, finding that claimant had acknowledged payment of at least 30 weeks of benefits and also noting that a prior hip injury had also resulted in payment of industrial disability. On appeal, the court remanded, finding that the agency's conclusion that claimant had not received permanency benefits was not supported by substantial evidence.  The court also remanded for consideration of payments made for claimant's 2009 hip injury, which had not all been paid out at the time of the decision in this case, which inv...

In Annett Holdings v. Roland, No. 15-0043 (Iowa App. Feb. 10, 2016), the Court of Appeals upheld a decision of the agency awarding claimant physical therapy in his home state of Alabama rather than the physical therapy that had been offered in Des Moines.  When claimant had begun work for Annett Holdings, he signed a "memorandum of understanding" indicating that as a condition of employment, he agreed to temporarily relocate to Des Moines for the purposes of performing modified work if he were injured on the job.  Claimant had an elbow injury, and surgery in Alabama, following which he was taken off work and referred for physical therapy, which originally occurred in Alabama. When claimant was released to light duty work, he was temporarily relocated to a Des Moines hotel, where physical therapy was performed.  Claimant filed for alternate medical care and the agency concluded that treatment provided 897 miles from claimant's residence was unreasonable and unduly inconv...