Iowa Workers' Compensation

In Evenson v. Winnebago Industries , No. 17-1419 (Iowa Jan. 18, 2019), the court held that the failure to file a notice of appeal with the district court in a timely manner meant that the Supreme Court did not have jurisdiction to consider the appeal.  Accordingly, the appeal was dismissed Two appeals were filed in this workers' compensation action, one originating in Winnebago County and the other in Polk County. Although the appeals were timely filed with the Supreme Court and copies were sent to opposing counsel, there was no filing of the appeal with the clerks of the respective counties until a corrected notice was filed with the Polk County Clerk 144 days after service.  Appellate Rule 6.101(1)(b) holds that time for filing a notice of appeal is tolled when the notice is served, "provided the notice is filed with the district court clerk within a reasonable time." Thus, the question before the court was whether filing 144 days after service was a reasonable time. ...

In Pella Corp. v. Winn , No. 17-1545 (Iowa App. Jan. 9, 2019) , the court affirms an award of permanent total disability and penalty.  The employer had also argued that the petition for review-reopening was untimely and the court affirms the rejection of this argument by the agency. In the original action, claimant was found to have a work-related injury, but as temporary total and permanency benefits were not in dispute, only medical benefits were awarded.  This decision was ultimately affirmed by the Court of Appeals.  Claimant subsequently filed a review-reopening proceeding, at which the agency awarded permanent total disability.and penalty benefits.  On review, Pella argued that review-reopening is not available under Iowa Code 85.26(2) and 86.14(2) when the initial award did not include weekly disability benefits. The agency determined an award of solely medical benefits was eligible for review-reopening under section 85.26(2).  Pella argued "weekly...

In Dunlap v. AIG, Inc., Commerce and Industry Insurance Company , No. 17-1503 (Iowa App. Jan. 9, 2019), the Court of Appeals reverses a district court order granting summary judgment in favor of defendants in a workers' compensation claim. The case was brought following a workers' compensation action in which claimant was found entitled to benefits but penalty benefits were denied because the issue of liability was fairly debatable because defendants had one doctor opining that the injury was not work-related.   In the underlying workers' compensation claim, Dr. Wolfe had opined that it is possible that Dunlap's arm injuries, while not directly caused by the initial work injury, were a result of the natural consequences of claimant's back injury requiring him to ambulate with the use of a cane. Despite this, defendants continued to deny liability. Claimant was ultimately found to be permanently and totally disabled and awarded medical care.   Plaintiff subs...

This document provides information concerning appeal decisions by the workers' compensation commissioner in 2019, and will be updated as information becomes available throughout the year. December 2019 Avdic v. Wells Fargo ,  No. 5065576 (App. Dec. 31, 2019) - Although a neck injury was denied, claimant was awarded a 15% industrial disability for a shoulder injury (Grell). Without additional comment, the arbitration decision is affirmed.  15 months from arbitration to appeal decision.   Clapper v. Herberger Construction , No. 5063340 (App. Dec. 31, 2019) - Claimant was awarded a 75% industrial disability.  Defendants assert that claimant's injury should be considered under 85.34(2)(s) and also argue on appeal that the award was excessive.  The commissioner affirms the industrial award.  The commissioner notes in his decision that although the deputy had not specifically indicated that claimant had sustained a body as a whole injury, it wa...