Iowa Workers' Compensation

  Green v. North Central Iowa Regional Solid Waste Authority , No. 21-0490 (Iowa April 14, 2023) Claimant filed a workers' compensation claim against his employer for an injury that occurred at work.  As a part of the case, the employer agreed that claimant's work had caused her cerebral hemorrhage.  The employer paid temporary benefits for the injury for three months, but the employer argued that the injury had not resulted in a permanent injury.  The agency agreed that no permanent injury had occurred and an appeal to the district court affirmed this result.  Claimant subsequently filed a review-reopening claim (in a timely manner based on the earlier payment of temporary benefits), arguing that her injury had become permanent over time.  The agency, on summary judgment, concluded that claimant had previously litigated the issue of permanency and found that the claim was barred under res judicata principles. On judicial review, the district court conclude...

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...