Iowa Workers' Compensation

  Hermanstorfer v. Lennox Industries, Inc. , No. 24-0652 (Iowa App. Dec. 4, 2024) In this case involving only the issue of rate, the commissioner concluded that claimant's time off for a personal health condition was to be included in the claimant's rate.  The deputy had concluded that claimant's frequent taking of FMLA leave established a "pattern" of reduced hours.  Claimant argued that these weeks should have been excluded but the deputy and commissioner rejected this argument.  The district court reversed, finding that the inclusion of weeks in which claimant took FMLA leave was "illogical, irrational and wholly unjustified." The Court of Appeals notes that weekly earnings are defined by 85.36 as those the employee would have worked had he or she "worked the customary hours for a full time period." The Court noted that the statute was to be interpreted liberally in favor of the employee. Under a plain reading of 85.36, according to the Cour...

  Regional Care Hospital Partners, Inc. v. Marrs No. 22-0959 (Iowa App. Feb. 8, 2023) This action, previously before the Court Regional Care Hosp. Part., Inc. v. Marrs , No. 19-2138 (Iowa App. Feb. 17, 2021) was a decision by the commissioner finding claimant had suffered a permanent total disability.  Defendants argued that because a FCE had placed claimant in the light work category, she was not permanently and totally disabled.  That FCE, however, had also indicated that claimant should limit sitting and standing to a rare basis, 1-5% of an 8 hour day.  Claimant had also testified that she spent most of the day laying down.  Defendants also aruged that a vocational report had found that jobs were available for claimant and claimant argues that the VE never met with her and that she could not perform the jobs listed by the VE.  Based on this, the deputy concluded claimant had an 80% industrial disability.  The commissioner awarded permanent and tota...