Iowa Workers' Compensation

Premium Transportation Staffing, Inc. v. Bowers , No. 15-0378 (Iowa App. Oct. 14, 2015), addressed issues of permanent total disability and computation of rate in a case where claimant alleged that per diem payments should be included in the rate.  The court affirmed on substantial evidence grounds, noting that the court's review of agency action was "severely circumscribed." On the permanent total disability question, the court noted that the agency had given greater weight to two physicians, Dr. Sedlacek and Dr. Mathew.  The court noted that there was substantial evidence to support this decision and affirmed. On the more interesting issue of inclusion of per diem in calculating the rate, the claimant had testified that he spent only $12.00 per day for food and the remainder of the $52,00 per diem was kept by claimant.  This was said to be uncontroverted in the record.  The deputy concluded that only $12.00 was a reimbursement for expenses  under section 8...

In Menard, Inc. v. Scheffert,  No. 14-1029 (Iowa App. 2014), the Court of Appeals concluded that claimant's rate, which was computed on the basis of having received bonuses, was properly computed by the agency.  The court concluded that the commissioner's finding that claimant's bonuses were not irregular was not irrational, illogical or wholly unjustifiable. Claimant received a bonus each year that her department was profitable.  From 1996 to 2008, the date of injury in the case, claimant received some amount of bonus, called the TPS bonus.  Additionally, claimant was eligible for an IPS bonus if the store was profitable.  Neither bonus was guaranteed, and could be revised downward based on fines assessed against employees.  Claimant received both a TPS and IPS bonus in the year of the injury, and the agency included these bonuses in determining claimant's rate.  The district court concluded that the agency's findings on this point were not irration...

Over the years, the Pella Corporation (formerly Rolscreen) has paid yearly bonuses to its employees.  Although the bonuses differed in amount each year and there was no absolute certainty that the bonuses would be paid each year, those bonuses have been paid every year, since at least the late 1980s.  In Noel v. Rolscreen , 475 N.W.2d 666, 667 (Iowa App. 1991), the court affirmed the commissioner's conclusion that excluded the bonus from a claimant's gross earnings.  Following that case, Pella repeatedly pointed to Noel as excluding their bonuses from consideration in determining gross weekly wages.  The commissioner would sometimes include the bonus, sometimes not, and oftentimes, the cases would proceed to district court.  This is precisely the situation in Pella Corp. v. Minar , No. 13-1616 (Iowa App. Aug. 13, 2014). The court in Minar  posited the issue as whether the agency's inclusion of the bonuses in gross earnings was "irrational, illogical, or w...