Court of Appeals Rejects Penalty Claims, Affirms Permanent Disability and Alternate Care Findings
Clark v. Winnebago Industries , No. 20-0673 (Iowa App. April 14, 2021), involved an injury to claimant's right hand, as well a claimant's allegations of penalty benefits and request for alternate medical care. Following hearing, claimant was awarded a 10% impairment of the right upper extremity and alternate care at the Mayo Clinic. Penalty benefits were denied. The commissioner affirmed the decisions of the deputy. On the penalty questions, claimant had alleged penalty based on questions related to her marital status and whether she had suffered a permanent injury. The penalty claims were denied on the basis that the issues were "fairly debatable." Claimant testified at hearing she was married. She could not find her marriage certificate and offered no tax returns confirming her martial status. Winnebago presented a W4 showing that claimant was single. Although the deputy ultimately found claimant was married, penalty benefits ...