Iowa Workers' Compensation

City of Maxwell v. Marshall , No. 20-0916 (Iowa App. Oct. 20, 2021)  Claimant suffered an injury while working as a volunteer firefighter for the City of Maxwell.  Claimant had a number of surgeries and sought healing period benefits for the period between January 17, 2015 and April 10, 2017.  The deputy awarded healing period benefits, but denied penalty benefits, finding that the employer was not consistently late in paying weekly benefits.  The commissioner affirmed and both parties filed for judicial review.  On judicial review, defendants requested remand to the commissioner for consideration of additional evidence that was not available at the time of hearing.  This request was denied and the district court affirmed the commissioner's decision.  Both parties appealed to the Court of Appeals. The penalty benefits question centered around claimant's date of injury and the date on which benefits should have started.  Claimant suffered an injury...

Tew v. Sparboe Farms , No. 20-1202 (Iowa App. Oct. 6, 2021)  Claimant suffered an injury to his back prior to beginning his work at Sparboe Farms, as a result of a motor vehicle accident.  In 2016, he began suffering additional pain in his back, which he ultimately attributed to  his work.  He reported sleeping wrong to his supervisor and also noted that he fell while mowing his lawn.  Claimant did not report his injury as work-related until two months after he began having a recurrence of back pain.  On these facts, the commissioner found that claimant's attribution of his back injury to his work was not credible and benefits were denied.  Claimant appeals. On appeal, claimant argues that the commissioner erred in not finding a cumulative injury and claims that the commissioner did not correctly apply the law to his claim.  The Court of Appeals dismisses this argument, finding that although the injury could well have been cumulative, the commissi...