Supreme Court Upholds Imposition of $1000 Fine for Failure to File First Report
In Denison Municipal Utilities v. Iowa Workers' Compensation Commissioner , 857 NW2d 230 (Iowa 2014), the Iowa Supreme Court upheld a $1000 fine against the employer and EMC Insurance Companies for failing to file a first report of injury. The employer had argued successfully before the district court that it was not required to file a first report in a case where claimant had not missed any work and had made no claims of permanency. The Supreme Court reversed the decision of the district court. The court also concluded that the employer had not made a sufficient showing of good cause to avoid the $1000 assessment. The action was precipitated when claimant filed an application for alternate medical care and the agency noted that no first report was on file. The employer was given 30 days to file a first report, but did not do so. Before the agency the employer argued that section 86.12 only allows a penalty when the first report is required by section 86....