Iowa Workers' Compensation

  Hagen v. Serta/National Beddikng, LLC , No. 22-0684 (Iowa Feb. 5, 2024) Claimant failed to timely certify her expert witnesses and also failed to produce the reports of the experts at least thirty days before hearing.  The deputy found that the acceptance of the reports would be unduly prejudicial to the employer and excluded the reports.  The commissioner affirmed this decision, but the district court reversed that decision.  The Court of Appeals affirmed the decision of the district court on appeal and the Supreme Court accepted the case for further review. Under rule 876 IAC 4.19(3), claimant was required to certify experts within 120 days of hearing.  The rule also provides that reports from experts were to be provided within 30 days of hearing.  The rules note that evidence may be excluded "if the objecting party shows that receipt of the evidence would be unfairly prejudicial."  Hearing in the case was set for September 25, 2020. Although claim...

  Hagen v. Serta/National Bedding Co., LLC No. 22-0684 (App. March 29, 2023) In this action, claimant failed to provide timely notification of his expert physician and voactional expert.  The reports from the experts were also filed in an untimely manner, with both reports being provided approximately two weeks before the arbitration hearing.  Prior to the hearing, the employer asserted that the experts were not timely identified and their reports were not timely produced.  The employer argued that admission of the reports would be unduly prejudicial under 876 IAC 4.19 and urged that the use of the reports be precluded.  Claimant argued that the reports, although not timely produced, did not give rise to undue prejudice and that the remedy should be allowing defendants to produce rebuttal evidence.  The deputy decided to exclude the reports and claimant requested rehearing on the issue, which was denied.  The commissioner affirmed, finding that althou...