Iowa Workers' Compensation

In Lopez v. Cargill Meat Solutions , No. 16-1421 (Iowa App. July 6, 2017), the court rejected claimant's allegations that his claim should have been considered as an industrial disability and affirmed the functional award of 45 weeks of benefits.  Claimant argued that his experts presented substantial, credible evidence of industrial disability and it was unfair, irrational and illogical to reject those opinions. The court concluded that the agency had given greater weight to certain expert opinions over others and thoroughly explained the reasons for doing so.  Because those findings were supported by substantial evidence and were not irrational, illogical or wholly unjustifiable, the decision of the agency stood.

Following the reduction of his salary by the Governor in 2010, former Commissioner Chris Godfrey filed an action against the State of Iowa and various state officials, including the Governor, alleging a variety of legal theories.  In Godfrey v. State of Iowa et al. , No. 15-0695 (Iowa June 30, 2017), the Court ruled, for the first time, that constitutional claims, in this cases allegations of deprivation of property rights without due process of law and deprivation of liberty interests without due process created causes of action directly under the Iowa Constitution. Four counts of the petition were at issue before the court.  Count VI alleged that Godfrey was deprived of his property rights in his salary because of partisan politics and sexual orientation.  Count VII alleged a damage to a protect liberty interest in his reputation without due process by falsely claiming poor work performance.  Count VIII alleged a violation of the equal protection of the laws for ...