Iowa Workers' Compensation

In Sager v. Innovative Lighting, dba Hawkeye Molding, Inc.,  No. 15-0783 (Iowa App. May 25, 2016), plaintiff had filed a common law negligence action against Innovative Lighting.  Plaintiff had been hired for work at Hawkeye by Jacobson Staffing, which was apparently how all parties work for Hawkeye.  Jacobson provides workers' compensation coverage for its employees.  Plaintiff was injured at Hawkeye and filed a workers' compensation claim against Jacobson, for which he received a settlement. Plaintiff's attorneys had communications with Hawkeye concerning the filing of a third party action, and filed suit claiming negligence against Hawkeye for an injury to his hand from a burn resulting from hot liquid.  Hawkeye filed a motion for summary judgment claimant that it was immune from liability under the exclusivity provisions of the Iowa Code, section 85.20.  The district court concluded, in ruling in favor of Hawkeye, that the only reasonable inference to...

Claimant was a carpenter who started doing carpentry work for Stark Construction when he had an injury.  When he reached the hospital, claimant indicated he was employed by Don Risdahl Builders and was self-employed.  Claimant later filed a claim against Stark, who affirmatively alleged that he was an independent contractors.  The deputy found claimant was an independent contractor and the commissioner reversed.  At the district court level, the court reversed the agency, finding that claimant was an independent contractor. The Court of Appeals reversed the action of the district court and affirmed the action of the commissioner in Stark Contruction v. Lauterwasser , No. 13-0609 (Iowa App. April 16, 2014).  Initially, the court found that since the law did not vested the agency with power to interpret the term "employee," no deference was due the commissioner in determining how the term was to be defined.   On appeal, claimant contended that the dist...