Iowa Workers' Compensation

In Roberts Dairy v. Billick , No. 13-1009 (Iowa April 3, 2015), the Supreme Court for the first time addressed the meaning of the apportionment provisions of section 85.34(7) of the Iowa Code and concluded that in a situation where an employee has an injury with one employer, and later has an injury with a different employer, apportionment does not apply. Claimant had a back injury in 1985 which resulted in the assessment of an 85% industrial disability in an agreement for settlement.  Claimant was able to get back to work and had another injury in 1993, resulting in injuries to his head, neck, left shoulder, ribs, back and left arm.  This was settled on an agreement for settlement under Missouri law for 18.5%.  Claimant began working for Roberts Dairy in 2001.  He suffered an ankle injury in 2004; injuries to his head, neck and left shoulder in 2004; a thoracic compression fracture in 2006; and a chest/shoulder injury which also caused emotional trauma in 2007. ...

In Hansen v. Snap-On Tools Manufacturing Company , No. 12-1038 (Iowa App. Feb. 27, 2013), among the issues addressed by the court was the questions of successive disabilities under section 85.34(7)(b) of the Code.  The court seems to conclude that section 85.34(7)(b) does not apply to unscheduled injuries, which would, if affirmed, have a serious impact on the current law concerning that section of the act. Hansen  also addresses issues concerning costs, extent of impairment, healing period and temporary partial benefits. Claimant sustained two injuries at work, a left shoulder injury in 2005 and an injury to her right hand and arm in 2007 which was traumatic.  The shoulder injury was cumulative, although there was medical evidence that there was a later acute injury to the shoulder superimposed on the cumulative process.  The commissioner concluded that claimant was entitled to 15% industrial disability, did not specifically accept or reject claimant's computatio...

This Court of Appeals case, decided on February 9, 2011, addresses an issue of permanent total disability.  Although the commissioner found that claimant had sustained permanent total disability based on an odd lot theory, the district court reversed, finding that the claimant had failed to demonstrate that his injury was work related and also failed to prove he was an odd lot employee.  The Court of Appeals reverses, concluding that the district court improperly weighed the evidence in overruling the finding that claimant had not established a work related injury.  The court also affirmed the odd lot finding of the commissioner. The evidence demonstrated that claimant reached for pieces of a door while at work, and caught his right leg on a torn fatigue mat, feeling a stinging sensation in his hip. Claimant did not immediately report the incident, and worked the next day.  On the second day after his accident, he saw a PA, but the records do not note a work accide...

In Waldinger Corporation v. Mettler , No. 0-647 (Iowa App. Nov. 24, 2010), the court addressed issues of apportionment in scheduled member cases, healing period issues, and issues involving the Second Injury Fund.  Of particular interest is the court's approach to healing period, which appears to deny the possibility of intermittent healing periods. Claimant was in the military and suffered a number of injuries prior to returning to his work as a plumber at Waldinger.  Before starting that employment, claimant was provided a 20% impairment rating from VA for leg injuries, and 10% for right knee injuries.  Considering impairments to his spine, as well as tinnitus, claimant was found to have a 70% total impairment, which entitled him to $1100 per month from the VA. Claimant was able to perform his work with Waldinger when he began working.  Over time, he developed more problems with his right ankle, for which he had four surgeries.  This injury forced him out ...