Iowa Workers' Compensation

Pesicka v. Snap-On Logistics Co ., No. 19-1759 (App. July 21, 2021) involved a claim in which claimant initially suffered an injury resulting in a 13% impairment to his right leg, settled by the parties on an agreement for settlement basis.  Subsequent to the settlement agreement, claimant underwent eight additional surgeries, including surgeries to amputate all of the toes on his right foot.  Claimant filed a review-reopening action.  Claimant's IME physician found that claimant had established a 36% right foot impairment, which was equivalent to a 25% right lower extremity impairment.  Claimant was also found to  have a 5% impairment of the left knee.   At hearing, the hearing report indicated that the parties stipulated that the impairment was an impairment to the right leg  Claimant's counsel, however, also argued at hearing that claimant should receive a minimum of 100 weeks of benefits due to the valuations for the loss of all of his toes. T...

In Staff Management v. Jiminez , 839 NW2d 640 (Iowa 2013), the Iowa Supreme Court addressed an issue that they had elliptically addressed in the past - the right of undocumented workers to receive workers' compensation benefits.  The court concluded that Iowa's statute did not exclude undocumented workers from coverage and also found that the Immigration Reform and Control Act of 1986 (IRCA) did not act to preempt state laws governing workers' compensation.  Three amicus curiae  briefs were filed in Jimenez  by the Workers' Injury Law and Advocacy Group, the Iowa Association of Justice's Workers' Compensation Core Group and the National Employment Law Project.  Jamie Byrne of Neifert, Byrne and Ozga wrote the amicus brief for the Core Group. The factual situation in Jimenez  involved a worker who was documented at the time she began employment, but who became undocumented during the time that she worked for the employer.  She was injured at work, and...