Iowa Workers' Compensation

Collins v. Des Moines Area Regional Transit Authority , No.23-1562 (Iowa App. Dec. 18, 2024) Claimant alleged that he had contracted COVID at work and sought benefits for this condition.  The commissioner concluded claimant did not prove that he had contracted COVID at work based in part on the fact that claimant did not present evidence from his IME physician indicating that his condition was medically connected to his work.  The district court affirmed and on appeal the Court of Appeals affirms the denial of benefits. At hearing, the evidence presented indicated that DART had maintained safety protocols to contain the spread of COVID.  Evidence was also presented that claimant had taken numerous steps outside of work to prevent him from contracting COVID.  Evidence was also presented that claimant's job required him to work in close contact with other employees.  In November of 2020, DART noticed an uptick in positive cases among employees and claimant tested ...

  H.J. Heinz Co. v. Tilton , No. 24-0236 (Iowa App. Dec. 18, 2024) In this action, which had previously been before the Court of Appeals twice, the Court affirms a decision finding that the date of discovery of the injury was April 15, 2013, that the filing of the action was timely and that claimant was permanently and totally disabled based on aggravations of her back and mental conditions. Claimant had a long history of treatment for back problems, beginning in 2000, approximately a year after she began working for the employer.  She continued to treat for the injury throughout the years and in 2010 her chiropractor indicated that her disc bulges and bone spurs were permanent and could cause her to miss work, but also finding she was not currently incpacitated.  Claimant received a great deal of treatment in 2010 and left the employer on April 13, 2013 on disability.  At hearing, medical testimony indicated that claimant's work had been a substantial contributing f...

Second Injury Fund of Iowa v. Strable , No. 24-0056 (Iowa Dec. 13, 2024) In this Second Injury Fund case, the Court addresses the issue of whether a second injury for Fund purposes can be brought when that injury also encompasses non-scheduled injuries.  This particular issue had previously been decided by the Court in Delaney v. SIF , 6 NW3d 714, 717 (Iowa 2024) and the Court affirms its finding in Delaney  that such an injury can be the subject of a Fund claim.  Strable goes beyond Delaney in also considering the credits accorded the Fund in such a situation, finding that those credits include not only the scheduled value of all such claims, but the industrial value of those claims. In this case, claimant had a first injury in the form of injuries to the arm (carpal tunnel). She subsequently suffered an ankle injury, which included unscheduled sequela injuries (back and mental health injuries).  She settled the ankle injury by way of a commutation and settled the u...

  Hermanstorfer v. Lennox Industries, Inc. , No. 24-0652 (Iowa App. Dec. 4, 2024) In this case involving only the issue of rate, the commissioner concluded that claimant's time off for a personal health condition was to be included in the claimant's rate.  The deputy had concluded that claimant's frequent taking of FMLA leave established a "pattern" of reduced hours.  Claimant argued that these weeks should have been excluded but the deputy and commissioner rejected this argument.  The district court reversed, finding that the inclusion of weeks in which claimant took FMLA leave was "illogical, irrational and wholly unjustified." The Court of Appeals notes that weekly earnings are defined by 85.36 as those the employee would have worked had he or she "worked the customary hours for a full time period." The Court noted that the statute was to be interpreted liberally in favor of the employee. Under a plain reading of 85.36, according to the Cour...