Iowa Workers' Compensation

  Green v. North Central Iowa Regional Solid Waste Authority , No. 21-0490 (Iowa April 14, 2023) Claimant filed a workers' compensation claim against his employer for an injury that occurred at work.  As a part of the case, the employer agreed that claimant's work had caused her cerebral hemorrhage.  The employer paid temporary benefits for the injury for three months, but the employer argued that the injury had not resulted in a permanent injury.  The agency agreed that no permanent injury had occurred and an appeal to the district court affirmed this result.  Claimant subsequently filed a review-reopening claim (in a timely manner based on the earlier payment of temporary benefits), arguing that her injury had become permanent over time.  The agency, on summary judgment, concluded that claimant had previously litigated the issue of permanency and found that the claim was barred under res judicata principles. On judicial review, the district court conclude...

  Green v. North Central Iowa Regional Solid Waste Authority , No. 21-0490 (Iowa App. March 2, 2022) Claimant's initial claim resulted in a decision in which the commissioner concluded that claimant had failed to demonstrate a permanent brain injury arising out of employment.  The district court affirmed, but remanded for findings concerning past medical expenses.  Claimant subsequently filed a petition for review-reopening, asserting permanent and total disability.  The employer filed a motion for summary judgment, alleging that it was entitled to judgment as a matter of law because claimant could not relitigate her claim for permanency.  The deputy granted the motion, finding that the issues had been ripe for determination earlier and had been decided against her.  The commissioner affirmed. On judicial review, the district court reversed the commissioner, finding that the "the commissioner's conclusion that Green's lack of award renders it incapable of b...