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Showing posts from September, 2024

Court of Appeals Dismisses Interlocutory Appeal as Moot

H.D. Supply Management v. Smith , No. 23-1656 (Iowa App. Sept. 18, 2024) In this interlocutory appeal, the parties requested the Court to decide whether a stay of a workers' compensation award was appropriate.  Claimant had filed a request for judgment under 86.42 following the commissioner's finding of permanent total disability.  Defendants moved to stay enforcement, despite the fact they had failed to post a bond in a timely manner.  Ultimately, the district court stayed the order, finding that claimant would  not be prejudiced despite the late posting of the bond. While the appeal was pending, the underlying claim was reversed and remanded to the commissioner (the underlying issue in the case was whether a combined arm and shoulder injury should be treated industrially, which the Supreme Court answered in the negative in Bridgestone Americas v. Anderson , 4 N.W.3d 676 (Iowa 2024). The parties argued that the case was not moot, given the fact that some benefits would be owed