Iowa Workers' Compensation

In Kraft Foods, Inc. v. Shariff , No. 15-0287 (Iowa App. Feb. 24, 2016), the Court of Appeals addressed a situation where the deputy found that claimant's testimony was not credible and relied on the on-site physician to find that the claim did not arise out of and in the course of employment.  The commissioner reversed the decision of the deputy on appeal. Claimant was in an auto accident which resulted in a closed head injury, a back injury, a right shoulder injury and a left knee injury.  He was initially treated but at some point the plant doctor  "began to grow inpatient and disenchanted" with claimant, who was the safety manager for the employer.  Dr. Garrels indicated that he had "lost all respect" for the claimant and discussed the "extreme nature of his manipulation."  He left the impression with another treating doctor that he believed claimant was malingering. Dr. Field and Dr. Epp found that claimant's right shoulder problems were r...

In Marten Transportation, Ltd. v. Bowes , No. 13-0528 (Iowa App. April 16, 2014), the court of appeals reversed the decision of the district court, which itself had reversed the commissioner's permanent total disability award. Claimant was a truck driver, who injured her back and elbow when she fell from her truck.  Claimant sought industrial disability, but did not rely on the odd lot doctrine in attempting to determine the extent of her injury.  In the arbitration decision, the deputy cited to a case which referenced the odd lot doctrine.  The deputy concluded that claimant was unable to perform a sufficient quantity and quality of work to remain employed in a well-established branch of the labor market.  Defendants appealed, and the commissioner affirmed. On rehearing, defendants claimed that the commissioner had erroneously applied the odd lot doctrine.  The commissioner stated that the  odd lot doctrine had not been considered, either at the arbitrat...