Iowa Workers' Compensation

  Green v. North Central Iowa Regional Solid Waste Authority , No. 21-0490 (Iowa April 14, 2023) Claimant filed a workers' compensation claim against his employer for an injury that occurred at work.  As a part of the case, the employer agreed that claimant's work had caused her cerebral hemorrhage.  The employer paid temporary benefits for the injury for three months, but the employer argued that the injury had not resulted in a permanent injury.  The agency agreed that no permanent injury had occurred and an appeal to the district court affirmed this result.  Claimant subsequently filed a review-reopening claim (in a timely manner based on the earlier payment of temporary benefits), arguing that her injury had become permanent over time.  The agency, on summary judgment, concluded that claimant had previously litigated the issue of permanency and found that the claim was barred under res judicata principles. On judicial review, the district court conclude...

  Schoenberger v. Zephyr Aluminum Products No. 22-1613 (App. April 12, 2023) Claimant suffered an injury to his left shoulder, resulting in a rotator cuff repair.  Testing demonstrated tha tclaimant had ulnar neuropathy at the left elbow, which an IME found was a sequela to the original injury.  The deputy found claimant failed to demonstrate an injury that extended into the body as whole and 76 weeks of benefits were awarded due to the shoulder injury.  Claimant appealed, arguing that he had established an industrial disability.  The appeal decision failed to specifically address whether his injury qualified as industrial because it constituted a combined shoiulder and arm injury.  The district court found that error on this issue had not been preserved as claimant had not "previously and explicitly raised the question of a combined shoulder and arm injury or secured a ruling thereon." On appeal, claimant contended that raising his industrial disability a...

Blasdell v Linnhaven, Inc. , No. 21-1968 (Iowa April 7, 2023) This case involves the question of whether a married couple who were separated resulted in spousal desertion under section 85.42(1)(a) of the Iowa Code.   Claimant's wife had left the home in search of work elsewhere, and ultimately found work.  The couple never lived together again, but remained in contact, supported each other financially and never sought a divorce.  While working, claimant's wife suffered an injury resulting in permanent total disability.  Claimant's wife subsequently died from an overdose of prescription medication and claimant sought death and burial expenses.  The commissioner denied benefits, finding that claimant had willfully deserted his wife under 85.42(1)(a) without any fault by her.  The District Court reversed, concluding that the decision of the commissioner was not supported by substantial evidence.  The Court of Appeals affirmed the decision of the Dist...