Iowa Workers' Compensation

In Sullivan v. West Central Cooperative,  No. 18-1811 (Iowa App. Aug. 21, 2019), the Court of Appeals affirmed the decision of the commissioner which concluded that claimant had failed to demonstrate a physical mental claim. Claimant had a stipulated physical injury at work, which was not before the court on appeal.  The sole issue presented to the court was whether claimant had established a physical mental injury.  At hearing, two reports were presented by claimant in favor of a permanent mental health problem caused by the accident.  Claimant relied on the reports of Dr. Mills and Dr. Gallagher.  Defendants argued, based on the reports of Dr. Chesen and Dr. Andrikopoulos, that claimant had not established a physical mental injury.  They found that claimant was malingering and had no ongoing mental health problems as a result of the accident.  The deputy found and the commissioner affirmed, that claimant had not reported any depression, PTSD or oth...

In Menard, Inc. v. Schneberger , No. 14-0682 (Iowa App. Feb. 11, 2015), the Court of Appeals affirmed the decision of the commissioner concluding that claimant's mental health problems arose out of and in the course of his employment.  At the commissioner level, the employer stipulated to a physical injury to the shoulder, but denied that claimant's panic attacks and depression were related to the work injury.  Dr. Seamands, claimant's doctor for her psychological problems, noted that claimant had not had any history of depression other than situational depression under acute stressors. Claimant met with Dr. Donald Gammel for an evaluation requested by the employer.  Dr. Gammel was an occupational health doctor and he opined that the psychological difficulties were not related to the work injury.  He stated that the depression was a normal and expected manifestation of a preexisting disorder.  Dr. Seamands indicated that claimant did not have a preexisting con...