Supreme Court Affirms Billick, Holds That Injuries at Concurrent Employment May Not Be Entry Into Competitive Labor Market Requiring Application of Fresh Start Rule
In Roberts Dairy v. Billick , 861 N.W.2d 814 (Iowa 2015), the Supreme Court held that when a claimant has a first compensable injury with one employer, and later has a second compensable claim with a different employer, the fresh start rule applies with the change of employment and the second claim is not apportioned against the first injury. In that case, the court concluded that "because Billick gained a fresh start when he began his employment with Roberts in 2001, Roberts is not entitled to apportion its liability for permanent partial disability benefits in this case." Id. at 825. In Warren Properties v. Stewart , No. 13-0474 (Iowa May 29, 2015), the court was presented with similar arguments concerning apportionment, with the exception that claimant suffered her first injury while working at Wal-Mart concurrently with her employment at Warren Properties. Claimant subsequently left her job at Wal-Mart following her back injury, but continued to work at Wa...