Iowa Workers' Compensation

In The Cincinnati Insurance Companies v. Kirk , No. 0-950 (Iowa App. May 25, 2011), the Court of Appeals concluded that the district court had jurisdiction to hear claims made against the claimant for unjust enrichment and fraud after claimant allegedly fraudulently received medical and indemnity benefits from the workers' compensation carrier.  The facts of the case are unusual, and the decision of the Court of Appeals should be seen in that light. Claimant suffered an injury to his left arm, and was provided with medical treatment and indemnity benefits.  The insurance carrier decided to conduct surveillance when the healing process did not go as smoothly as expected.  That surveillance allegedly revealed that claimant, prior to an appointment with his workers' compensation physician, was seen striking his injured left arm repeatedly while sitting in his car.  Following this surveillance, the carrier filed claims for fraudulent representation, unjust enrichment, ...

In Swiss Colony v. Deutmeyer , 789 NW2d 129 (Iowa 2010), Kent Deutmeyer worked 30 hours a week at Swiss Colony at the time of his workers' compensation injury.  That injury ultimately required an amputation to the knee, and complaints of phantom pain after the amputation.  During the time he worked at Swiss Colony, claimant also worked 40-45 hours per week at Webber Metals.  The questions presented to the court involved the correct rate for claimant, as well as the extent of industrial disability (claimant left work following his injury, again working in two jobs, but for considerably less money). Also involved was the question of whether the employer could obtain credit for alleged overpayments, which involved section 85.34(5) of the statute. In determining the standard of review, the court noted that it had previously found that interpretation of Chapter 85 had not been delegated to the Commissioner.   Mycogen Seeds v. Sands , 686 N.W.2d 457, 464 (Iowa 2004)...