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Showing posts with the label 17A.19(10)(c)

Iowa Court of Appeals Rules That a Plant Closure Can Be an Economic Change for Purposes of Review Reopening

  Stuart v. Dickten Masch Plastics, LLC , No. 23-0018 (Iowa App. Oct. 25, 2023) Claimant filed a review-reopening petition after she lost her job due to a plant closure.  Claimant had been "heavily" accommodated at work for her work-related disability, and was allowed to sit during the day and take breaks that  were not available to other workers.  She was unable to find work following the plant closure.  The commissioner ruled that when a worker loses her job as a result of a plant closure, she cannot show the required economic change regardless of any other factors preventing her from finding a new job and denied relief to claimant. At hearing, claimant testified that following the plant closure, she had attempting to find work, noting that she had sent out two dozen applications and  had only three responses, which were fruitless once the employers learned of her disability. Defendants presented testimony from a vocational expert regarding claimant's emp...

Court of Appeals Affirms Denial of Alternate Medical Care

  Denemark v. Archer Daniels Midland Company , No. 21-1851 (Iowa App. Sept. 21, 2022) Claimant injured his arm and originally had injections for the pain that developed in the wake of the injury.  This did not alleviate the pain and an arthroscopic surgery and debridement of the TFCC was recommended by Dr. Kuo.  On September 18, ADM indicated that it would investigate causation before authorizing surgery.  The surgery was authorized on October 21 and care was transferred to UIHC at the request of Dr. Kuo's office.  Surgery was authorized for December 29. This surgery was rescheduled for January 12.  A Covid screening was required prior to surgery, but ADM failed to schedule transportation to the screening.  The surgery was rescheduled and ultimately took place on January 29. In the midst of these activities, claimant filed a request for alternate medical care alleging that defendant sent its safety manager to claimant's medical appointments, improperly...