Iowa Workers' Compensation

Dillavou v. Plastic Injection Molders, Inc. , No. 13-1359 (Iowa App. Aug. 27, 2014) is an affirmance of the commissioner's decision denying claimant benefits.  The case arose out of a closely held work environment in which claimant was the wife of a co-owner of the business, which was also co-owned by her brother.  The injury occurred when claimant's brother struck his shoulder against hers, causing her to fall to the ground, resulting in injuries to her knee and shoulder.  Claimant and her husband contacted the county attorney about this incident, insisted on bringing charges (of which the brother was acquitted) and bringing a civil action against the brother for an intentional tort. A workers' compensation case was filed, and defendants argued that under section 85.16(3), the actions of the brother were a willful act of a third party directed against the employee for reasons personal to such employee.  As the court notes, this section of the Code is an absolute d...

In PMX Industries v. Reich , No. 12-1824 (Iowa App. May 30, 2013), the court addressed issues of tinnitus and hearing loss in a workers' compensation setting, and addressed the issue of when notice had to be provided for a tinnitus claim.  Claimant was a long time worker for PMX, which was an admittedly noisy facility.  Claimant testified that although he wore hearing protection, he would often have to remove the hearing protection in order to hear people talking within the plant. In 2008 he was diagnosed with a hearing loss and resigned from his employment. The doctor who addressed the hearing loss issues for the employer, Dr. Taylor, found that claimant had a 2.2% bilateral hearing loss.  Claimant was referred to Dr. Marlan Hansen at the University of Iowa, who agreed that claimant had noise-induced hearing loss.  Claimant was then referred to Dr. Plakke, who noted hearing loss, but indicated that because of the continued loss of hearing after he left PMX, this w...