Iowa Workers' Compensation

The court in Jenson v Cummins Filtration-Lake Mills , No. 13-1733 (Iowa App. Jan. 14, 2015) affirmed an award of benefits for a back injury, and the penalty benefits associated with that award. The court also affirmed the denial of claimant's knee claim. Claimant appealed the denial of the knee claim and also argued that the district court entered a judgment not in conformance with the commissioner's award regarding the back injury. At hearing, the deputy concluded that claimant had failed to meet her burden of proof with respect to the knee claim.  The commissioner affirmed, noting that the deputy's decision was based largely on the deputy's assessment that claimant's testimony was not credible or convincing.  The district court noted that the information on which Dr. Kuhnlein relied for his causation opinion was not correct (as the deputy had found) because claimant was not required to plant her knee in the way stated to Dr. Kuhnlein.  The deputy concluded that ...

Kollasch v. Hormel Foods , No. 13-1416 (Iowa App. April 16, 2014), addresses issues raised by section 86.42 of the Iowa Code.  Claimant filed for judgment based upon an agreement for settlement.  At hearing, claimant objected to the introduction of what he believed was extrinsic evidence outside of the agreement of the parties.  The district court summarized the parties views about the meaning of several key terms in the agreement, specifically regarding visits to a pharmacy.  Claimant filed a motion to reconsider, arguing that the district court had made findings of fact and strayed from the terms of the settlement agreement.  The court also found that the evidence produced by defendants was meant to clarify and not modify the settlement. Claimant argued before the Court of Appeals that the district court erred in making findings of fact, in construing the term reimburse, in entering a money judgment for expenses already incurred and in not awarding costs. ...