Iowa Workers' Compensation

  Taylor v. Iowa State University Extension , No. 20-1397 (Iowa App. Jan. 12, 2022) Claimant was in a car accident as she was heading back to her office after giving a presentation.  She informed an office assistant of the accident and sought treatment from a chiropractor the next day.  When she sought treatment, she did not indicate her injuries were related to work.  Claimant testified that she spoke with her supervisor about the accident and the supervisor indicated the injuries were not work-related.  The supervisor testified she never told claimant the injuries were not work-related.  Claimant later told the employer her accident was work related after consulting an attorney some 22 months after the accident.  The agency concluded that claimant had not provided notice of the injury within 90 days of the incident and the case was dismissed under section 85.23. As an initial matter, the court addressed a motion to strike claimant's reply brief becau...

  Jackson v. Bridgestone Americas Tire Operations , No. 21-0017 (Iowa App. Dec. 15, 2021) Claimant's estate alleged that he committed suicide as a result of a mental injury arising out of his employment.  The agency and district court denied benefits.   Claimant was a 28 year employee at Bridgestone and he missed only three days of work in those 28 years.  In August of 2016, claimant engaged in acts of insubordination (disobeying supervisory directives concerning safety and quality) and lying about those acts.  He was suspended for a cooling off period.  He was subsequently called into a meeting and was told he was being fired.  Claimant went home and was found in the garage with his vehicle running.  At that point, he agreed to come out, but he left the home and was found dead by hanging a few hours later.  Claimant had made statements at the time that he would take his life if he lost his job. Approximately eight months before his deat...

In True v. Heritage Care and Rehabilitation , No. 18-0818 (Iowa App. April 1, 2020), the court addressed two penalty issues brought by claimant. Claimant initially filed a medical only claim, but moved to amend the action 3 days before the statute of limitations filed to allege eligibility for temporary and permanency benefits as well as penalty. At hearing on the motion to amend, claimant listed permanent partial disability and alternate care, but not penalty benefits.  The deputy concluded the amended petition was timely and directed claimant to refile her petition.  When claimant refiled, penalty was not listed as issue, although the earlier petition had alleged penalty.  The deputy concluded on the merits that the earlier petition was the one to be considered and this was affirmed by the COA in an earlier decision on the case.  Benefits were ultimately paid to claimant in 2015.  After benefits were paid, claimant filed another action alleging penalty be...