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Showing posts with the label death benefits

Court of Appeals Affirms Denial of Death Benefits Based on Mental Health Claim

  Jackson v. Bridgestone Americas Tire Operations , No. 21-0017 (Iowa App. Dec. 15, 2021) Claimant's estate alleged that he committed suicide as a result of a mental injury arising out of his employment.  The agency and district court denied benefits.   Claimant was a 28 year employee at Bridgestone and he missed only three days of work in those 28 years.  In August of 2016, claimant engaged in acts of insubordination (disobeying supervisory directives concerning safety and quality) and lying about those acts.  He was suspended for a cooling off period.  He was subsequently called into a meeting and was told he was being fired.  Claimant went home and was found in the garage with his vehicle running.  At that point, he agreed to come out, but he left the home and was found dead by hanging a few hours later.  Claimant had made statements at the time that he would take his life if he lost his job. Approximately eight months before his deat...

Court of Appeals Reverses District Court, Upholds Commissioner's Death Benefits award

In Des Moines Public Schools v. Hildreth , No. 20-0742 (Iowa App. June 16, 2021), the Court of Appeals addressed a case where the commissioner, facing contradicting medical evidence, concluded that claimant had met his burden of demonstrating that his stroke had arisen from a head injury that he had sustained at work.  The district court reversed the findings of the commissioner and the Court of Appeals, in turn, reversed the decision of the district court, reinstating the commissioner's decision.   Mr. Hildreth suffered a concussion at work in 2011, following a blow to the head.  He suffered severe problems following the injury and also suffered from neck and back problems.  Claimant retired and continued to experience symptoms.  In 2013, he suffered a stroke, which caused death as a result of an acute basilar artery infarction.  Claimant's spouse sought death benefits.  At hearing, claimant presented evidence from Dr. Francis Miller from Duke Un...

Court of Appeals Affirms Denial of Death Benefits

In Moad v. Gary Jensen Trucking , No. 14-0164 (Iowa App. March 11, 2015), the Court of Appeals affirmed the agency's decision finding that claimant was not entitled to death benefits.  Claimant died three months following a head on collision that occurred while he was driving for the employer.  Claimant had been hospitalized with serious injuries following the collision.  When he was released he complained of constant pain, swollen legs and poor appetite.  He continued smoking despite doctor's instructions, and continued to be in pain, including pain when he attempted to take a deep breath. He was readmitted to the hospital, but discharged about a week later.  Pain in the chest continued, and he ultimately had to be admitted to the hospital again with cardiac problems.  While being airlifted to another hospital, claimant died, with the death certificate noting a massive pulmonary embolus. Claimant's treating physician indicated that he had died from eithe...

Court of Appeals Decides Case Pitting Workers' Compensation Against the Longshore Act

The case of Bluff Harbor Marina v. Wunnenberg , No. 1-095 (Iowa App. May 25, 2011), presented an issue that is not common, but can have major consequences for claimants.  This involved the competing jurisdiction for a work injury under the Longshore and Harbor Workers' Compensation Act (LHWCA) and Iowa's Workers' Compensation statute. Claimant suffered a tragic accident that led to his death.  He was the manager of a marina along the Mississippi, and decided to remove a torn canopy using the bucket and boom of a mini-excavator.  He positioned the excavator by driving it along ramps, which slipped, spilled the excavator into the water, and killed the claimant.  Claimant filed an action under Iowa's workers' compensation laws. Defendants argued that jurisdiction was appropriate under the LHWCA, and urged that the claim be dismissed.  The commissioner rejected this argument and found in favor of the claimant on the death claim.  In addressing this issue, t...