Iowa Workers' Compensation

In Niday v. Roehl Transport, Inc. , No. 18-0712 (Iowa App. April 3, 2019), the court addressed section 85.71(1)(b) of the Iowa Code and concluded that since the contract of hire between claimant and the employer had been made entirely in Iowa, jurisdiction under Iowa workers' compensation law was appropriate in Iowa.  Claimant changed careers when in his 50's received his CDL in Iowa and saw an ad for Roehl in Iowa.  Roehl did not have a terminal or a drop lot in Iowa.  Claimant applied online and was told that he was preliminarily qualified for the position, which first required various medical testing.  A car was rented for claimant in Iowa and he was to drive to Wisconsin (headquarters for Roehl).  Claimant reported to Gary, Indiana for classroom training. Claimant passed this training and was assigned a driver for on the road training throughout the U.S.  Claimant retrieved a truck in Indiana and drove home to Iowa in the truck. Claimant's route infor...

Thompson v. ATI Products, Inc., No. 14-1765 (Iowa App. Aug. 19, 2015), involved a situation where plaintiff was hired by an employment broker, Aventure Staffing and Professional Services, who placed him at ATI, where he was seriously injured on the first day of work.  Plaintiff filed a workers' compensation claim against Aventure and was provided with benefits.  He also filed suit against ATI for negligence.  ATI moved for summary judgment, claiming it was a "special employer" as a matter of law and arguing that the exclusive remedy provisions of the Iowa Code, section 85.20, barred the negligence action.  The district court found that no issue of material fact existed and granted summary judgment, finding that an implied contract of employment had been created that that Thompson's action was barred. Plaintiff appealed, arguing that in a "borrowed servant" situation such as this, the primary focus was whether the parties intended that an employment situati...