Iowa Workers' Compensation

In Mike Brooks, Inc. v. House , No. 843 NW2d 885 (Iowa 2014), the Supreme Court, which had accepted further review, reversed the decision of the Court of Appeals and concluded that the agency decision was supported by substantial evidence, thereby affirming the permanent total disability award of the agency.  The agency had previously found that claimant was permanently and totally disabled, a finding that had been affirmed by the district court. At the Court of Appeals level, a 2-1 majority of the court had concluded that the decision of the agency had not been supported by the evidence.  The court had concluded that the doctors who had found causation did not know of a second injury that claimant had sustained at work after he had been found to have reached maximum medical improvement.  The Court of Appeals found that the treaters had not known of this incident and that the IME doctor's opinion was internally inconsistent because it relied on the opinion of Dr. Hatfie...

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 ...