Court of Appeals Affirms Initial Denial of Penalty Benefits, But Remands for Consideration of Post-Hearing Penalty Benefits
In True v. Heritage Care and Rehabilitation , No. 18-0818 (Iowa App. April 1, 2020), the court addressed two penalty issues brought by claimant. Claimant initially filed a medical only claim, but moved to amend the action 3 days before the statute of limitations filed to allege eligibility for temporary and permanency benefits as well as penalty. At hearing on the motion to amend, claimant listed permanent partial disability and alternate care, but not penalty benefits. The deputy concluded the amended petition was timely and directed claimant to refile her petition. When claimant refiled, penalty was not listed as issue, although the earlier petition had alleged penalty. The deputy concluded on the merits that the earlier petition was the one to be considered and this was affirmed by the COA in an earlier decision on the case. Benefits were ultimately paid to claimant in 2015. After benefits were paid, claimant filed another action alleging penalty be...