Court of Appeals Affirms PTD and Penalty Award
In Pella Corp. v. Winn , No. 17-1545 (Iowa App. Jan. 9, 2019) , the court affirms an award of permanent total disability and penalty. The employer had also argued that the petition for review-reopening was untimely and the court affirms the rejection of this argument by the agency. In the original action, claimant was found to have a work-related injury, but as temporary total and permanency benefits were not in dispute, only medical benefits were awarded. This decision was ultimately affirmed by the Court of Appeals. Claimant subsequently filed a review-reopening proceeding, at which the agency awarded permanent total disability.and penalty benefits. On review, Pella argued that review-reopening is not available under Iowa Code 85.26(2) and 86.14(2) when the initial award did not include weekly disability benefits. The agency determined an award of solely medical benefits was eligible for review-reopening under section 85.26(2). Pella argued "weekly...