Iowa Workers' Compensation

On February 22, 2013, the Supreme Court denied further review in Merivic v. Gutierrez , No. 12-0240, a case that had earlier been heard by the Iowa Court of Appeals.   See Merivic v. Gutierrez , No. 12-0240 (Iowa App. Nov. 15, 2012).  In Merivic , the court of appeals concluded that the decision of the commissioner in Lovic v.   Construction Products, Inc.,  No. 5015390 (App. Dec. 27, 2007), was appropriate.  The  Lovic  decision had concluded that a lack of English language skills was a factor to be determined in considering the extent of industrial disability, and also concluded that the failure of a claimant to learn English was not to be considered in determining the client's motivation to work.  In Merivic , the employer had directly attacked Lovic  as being wrongly decided, and urged the court to find that Lovic  was not controlling.  The decision of the court of appeals found that the employer's position was an impermissible ...

In Merivic, Inc. v. Gutierrez , No. 12-0240 (Iowa App. Nov. 15, 2012), the Iowa Court of Appeals declined to overturn the commissioner's holding in Lovic v. Construction Products, Inc., No. 5015390 (App. Dec. 27, 2007).  The Lovic decision had concluded that a lack of English language skills was a factor to be determined in considering the extent of industrial disability, and also concluded that the failure of a claimant to learn English was not to be considered in determining the client's motivation to work.  Both Gutierrez and Lovic were handled by Jamie Byrne of Neifert, Byrne & Ozga. Gutierrez involved a welder who had injuries to his shoulder and arm.  Claimant English language skills were minimal, and there was conflicting testimony presented at hearing over how easy or difficult it was to learn English for persons who were not native English speakers.  Claimant lost his job as a welder as a result of his injuries, and the commissioner determined that th...