Iowa Workers' Compensation

  Regional Care Hospital Partners, Inc. v. Marrs No. 22-0959 (Iowa App. Feb. 8, 2023) This action, previously before the Court Regional Care Hosp. Part., Inc. v. Marrs , No. 19-2138 (Iowa App. Feb. 17, 2021) was a decision by the commissioner finding claimant had suffered a permanent total disability.  Defendants argued that because a FCE had placed claimant in the light work category, she was not permanently and totally disabled.  That FCE, however, had also indicated that claimant should limit sitting and standing to a rare basis, 1-5% of an 8 hour day.  Claimant had also testified that she spent most of the day laying down.  Defendants also aruged that a vocational report had found that jobs were available for claimant and claimant argues that the VE never met with her and that she could not perform the jobs listed by the VE.  Based on this, the deputy concluded claimant had an 80% industrial disability.  The commissioner awarded permanent and tota...

In Regional Care Hospital Partners, Inc. v. Marrs , No. 19-2138 (Iowa App. Feb. 17, 2021), the court affirmed an agency decision in which claimant was found to have suffered back injuries and the need for surgery as a result of her work activities.  The deputy awarded a $50,000 penalty, which was reduced to $39,000 by the commissioner.  The district court affirmed the commissioner's award on appeal.   The appellate court first found that substantial evidence supported the commissioner's finding that claimant's injury was causally connected to her work activities.  The court noted that the opinions of Drs. Harbach and Kaspar were supportive of the decision of the agency.  The court also found that the commissioner had correctly determined claimant's rate and that the removal of a two week period in which claimant worked fewer hours than customary was supported by substantial evidence. On the penalty issue, the court noted that approximately $80,000 of b...