Iowa Workers' Compensation

Following a significant accident in which claimant injured his hand, shoulder and neck when a sealing clamp of a machine closed on his hand, Allen Conell sought payment for an active and passive prosthetic device.  The commissioner denied the passive prosthetic hand, but the Court of Appeals, following the decision of the district court, reversed the decision of the agency.  Nestle USA v. Conell , No. 17-0267 (Iowa App. Feb. 7, 2018). Claimant had originally been awarded a passive prosthetic hand following the injury, but the commissioner reversed this award finding that providing the passive prosthetic hand in addition to an active prosthetic hand violated the language of section 85.27(1), which only requires that "one set of permanent prosthetic devices" be provided. The commissioner held that claimant was only entitled to one prosthetic device per entitlement and that having an active and passive device violated this requirement.  The district court reversed, find...

In Reynolds v. Algona Manor Care Center, No. 15-1095 (July 27, 2016), the Court of Appeals reversed the decision of the agency finding that a spouse could not be reimbursed for wages lost because of transportation of the claimant to and from medical appointments.  The agency had awarded medical costs and expenses, penalty benefits and costs.  The district court had remanded to the agency to determine interest on temporary benefits.  These items were appealed by the employer. Claimant appealed the denial of reimbursement for wages to claimant's spouse. The court first finds that substantial evidence supported the commissioner's conclusion that claimant was entitled to payment for various prescription and non-prescription medications as well as payment for a medical visit.  The court found that remand was appropriate to determine if any interest was owed, inasmuch as benefits had been delayed on a few occasions.  The penalty claim was based on the appropriate co...