Iowa Workers' Compensation

Carroll Area Nursing Services v. Malloy , No. 18-2126 (Iowa App. July 24, 2019) involved the operation of the going and coming rule and resulted in the award of healing period benefits by the commissioner.  The employer appealed and the Court of Appeals affirms the award of benefits. Claimant was a visiting nurse.  On the date of her work accident, she had left her car at her mother's house to attend a personal medical appointment.  Claimant's mother drove claimant to her appointment and on the way back from the appointment, claimant was asked to see a patient of hers.  She returned to her house, changed into her work clothes and as she was heading to the patient's house, was involved in a head-on collision.  At hearing, claimant was found entitled to a running award of healing period benefits.  The agency cited the personal vehicle exception to the going and coming rule.  The agency also found there was no personal deviation at the time of the accid...

In Wal-Mart Stores, Inc. v. Plummer , No. 14-0417 (Iowa App. Jan. 28, 2015), the court addressed an issue involving an employee who was admittedly off the clock when he suffered his injury, but who was assisting customers at the store at which he worked.  On the date of the injury, claimant had completed his shift clocked out and was shopping at the store.  When he was leaving, he and a co-worked assisted a customer.  While providing assistance, claimant slipped and fell.  He subsequently completed an incident report designed for customers rather than employees. The deputy concluded that because claimant was no longer on the clock, the injury did not arise out of and in the course of employment.  On appeal, the court indicates that the commissioner did not specifically address the "off the clock" finding, but examined the causal connection between the fall and the subsequent medical treatment. The commissioner found that the visit to the physician four days af...