Iowa Workers' Compensation

In Streit v. Streit Construction, No. 19-0615 (Iowa App. Nov. 4, 2020), claimant alleged that the MRSA from which he suffered occurred as a result of cuts and bruises he had suffered at work.  Claimant was originally found to have sustained a work injury as a result of the cuts and scrapes he suffered at work.  The commissioner reversed, concluding that the medical evidence demonstrated that claimant had not demonstrated an injury arising out of and in the course of employment.  On judicial review, the court concluded that the agency had applied the standards for occupational disease under Chapter 85A rather than the standard for other injuries under Chapter 85.  According to the court, claimant did not need to demonstrate that exposure to harmful conditions at work led to the MRSA diagnosis. On remand, the commissioner affirmed, finding that the MRSA condition did not arise out of and in the course of employment.  The commissioner noted that there was no eviden...

In Pruisman v. Iowa Tanklines , No. 19-1012 (Iowa App. Aug. 5, 2020), the commissioner had awarded claimant a 45% industrial disability.  On judicial review, the district court reversed, finding that the commissioner’s decision was irrational, illogical and wholly unjustifiable.  On appeal, the COA reverses the district court and reinstates the commissioner’s decision. Claimant had suffered a back injury at work and although he returned to work, did not perform his full range of duties.  He was ultimately laid off from work and applied for and received social security disability.  As a part of the disability process, a consultative exam found he was limited to 20 pounds.  Claimant’s IME (Bansal) also limited claimant to 20 pounds.  Dr. Beck, claimant’s treating surgeon, did not place any restrictions on claimant. He later indicated that work over 50 pounds should only be performed infrequently.  Based on this and a vocational report showing vocational ...

In July of 2017, the partial commutation statute was amended to permit commutations only if both parties agreed.  Prior to the effective date of the statute on 7/1/17, cases were filed throughout Iowa seeking partial commutations despite the fact that no administrative decision had been issued setting the amount of benefits owed to the claimant.  These cases were uniformly denied by the commissioner and in Vangetson v. Aero Concrete, Ltd.  and Fasig Snitker v. Birdnow Enterprises, Inc ., No. 19-0738 (Iowa App. July 22, 2020), the Court of Appeals affirms the decision of the district court which had, in turn, affirmed the decision of the commissioner. The court focused on the language in section 85.45(1) of the Code which stated that a commutation was possible when "the period during which compensation is payable can be definitely determined" and when the commutation was in the "best interest" of the claimant.  The court noted, in reviewing the claim, that the c...

In Taylor v. Gazette Communications , No. 19-1611 (Iowa App. June 17, 2020), plaintiff was placed by a Labor broker (Aerotek) into employment with Gazette.  Plaintiff was injured at employment and filed a workers compensation claim against the employer.  Plaintiff also filed a negligence claim against the employer.  The district court granted summary judgment to defendant based on an exculpatory provision in the labor broker agreement providing that no negligence claim could be undertaken and that an injured worker would be limited to workers compensation remedies.  The 85.20 summary judgment claim was not reached because there were factual issues precluding summary judgment.  The Court of Appeals affirms the decision finding that the exculpatory clause was preclusive of a negligence actions.  The court concludes that Aerotek had not made specific promises of a safe working environment.  The court also found that the 85.20 issue need not be reached. ...

In KAS Investment v. Buehlmann , No. 19-1085 (Iowa App. May 13, 2020), the court addressed a decision of the commissioner finding claimant eligible for benefits and awarding penalty.  The court finds that substantial evidence supported the decision of the commissioner and that the commissioner’s actions were not an abuse of discretion.  Because the issues in the case involved the application of well-settled law, the case was affirmed by memorandum opinion under Iowa Court Rule 21.26.

In Logan v. The Bon Ton Stores, Inc. , No. 19-0608 (Iowa May 1, 2020), the court addressed a recurring question of service of judicial review petitions in workers' compensation actions.  The statute, 17A.19(2), requires personal service or service by mail within ten days.  Earlier cases, including Ortiz v. Loyd Roling Construction , 928 N.W.2d 651 (Iowa 2019) had found that substantial compliance with the statute was sufficient to confer jurisdiction. In Ortiz, service had been by email and this was found to substantially comply with the statute.  The court describes  Logan  as a codicil to Ortiz . Claimant appeared pro so in this case, filed her petition for judicial review and sent the petition to opposing counsel by fax.  The court noted that defendants were not prejudiced by receipt by fax, since this was received by counsel well within the ten day limit.  Although the court noted that the golden age of faxes was well in the past (and thus unl...

As presented by the Supreme Court in Gumm v. Easter Seal Society of Iowa, Inc. , No. 18-1051 (Iowa May 1,  2020), the issue before the court was "whether a workers' compensation claimant who receives disability benefits for a traumatic injury can later recover disability benefits on a separate disability claim if the cumulative injury is based solely on aggravation of the earlier traumatic injury."  The court unanimously concluded that Ms. Gumm could not recover. Claimant initially suffered a fracture of her right ankle, for which she was paid WC benefits following surgery.  The last payment of benefits for the injury was on May 10, 2010.  Claimant continued to suffer from right ankle pain and in January of 2012 returned to the treating physician.  The physician believed that this could have been from a coincidence or from compensating for her right ankle pain. On April 11, 2012, she underwent another surgery, returning to full-duty work on May 3.  Cla...