Court of Appeals Affirms PTD Award for Claimant in Make Work Job
Wal-Mart Stores v. Henle , Nos. 13-0366 & 13-0721 (Iowa App. January 9, 2014) involved a claimant who had a serious injury when a sixty pound stack of plastic totes fell 15 feet, striking her head and left shoulder. Following treatment, claimant returned to work at Wal-Mart, working four hour days. She was continued as a full-time employee and received partial disability benefits. She often missed work because of her headaches, and these days were considered as excused absences, "which was an exception to the company's usual attendance policy. The deputy found claimant permanently and totally disabled and ordered benefits beginning on May 30, 2006, "but for those dates when the employer has provided claimant with accommodated employment." The claim was affirmed on appeal. Wal-Mart filed a petition for judicial review, and claimant moved for entry of judgment under section 86.42. Ultimately, the decision was affirmed and the judgment was en...