Tag Archives: Iowa

Iowa High Court Says Discovery Rule Applies to Single Trauma Injuries

In Baker v. Bridgestone/Firestone, 2015 Iowa Sup. LEXIS 103 (Dec. 18, 2015), the Supreme Court of Iowa recently held that the discovery rule in workers’ compensation law applies not only to cumulative injuries; it can also apply to injuries arising … Continue reading

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Iowa Sole Proprietor Working Alongside Others is Still Employer For Purposes of Workers’ Compensation Exclusive Remedy Defense

An Iowa sole proprietor, who worked alongside his employees, was nevertheless still an employer—and not a co-employee—for purposes of the Iowa Workers’ Compensation Act, held a state appellate court [Mullen v. Grettenberg, 2015 Iowa App. LEXIS 927 (Oct. 14, 2015)]. … Continue reading

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Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony

An commissioner’s award of permanent total disability benefits to an HVAC employee who claimed he suffered an electric shock while servicing a unit at a customer’s residence was supported by substantial evidence in spite of the fact that the employer … Continue reading

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8th Circuit: Insurer’s Refusal to Pay for Injured Undocumented Worker’s Groceries and Cable TV Not Bad-Faith Denial of Insurance Benefits

In an action alleging bad-faith denial of insurance benefits filed by an undocumented worker who sustained severe injuries in a work-related accident, the Eighth Circuit Court of Appeals, construing Iowa law, affirmed summary judgment in favor of a workers’ compensation … Continue reading

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Iowa: Surveillance Videos of Injured Workers Not Protected by Work Product Privilege

A divided Court of Appeals of Iowa, in Iowa Insurance Institute v. Core Group of the Iowa Association for Justice, 2014 Iowa App. LEXIS 1067 (Oct. 29, 2014), has held that surveillance footage of injured workers is part of the … Continue reading

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Annual Service Bonus is Part of Iowa Employee’s Average Weekly Wage Computation

Where the only conditions precedent to receiving an annual bonus was simply being an “active employee on November 30th of the year the bonus was paid and the condition precedent to receiving the quarterly bonus was being employed on the … Continue reading

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Iowa: Undocumented Workers Are Protected by the Workers’ Compensation Act

The Supreme Court of Iowa recently held in relevant part that undocumented workers are not excluded from the Workers’ Compensation Act’s definition of “employee” and that the contract of employment between an undocumented worker and the employer is not void. … Continue reading

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Iowa: Injuries Sustained in Janitor’s Idiopathic Fall Found Compensable

Reversing a decision by a state trial court that had, in turn, reversed an award of workers’ compensation benefits in favor of a seventy-nine-year-old part-time janitor who had suffered an idiopathic fall at his place of employment, an Iowa appellate … Continue reading

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Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented Worker

The Court of Appeals of Iowa, in Carter v. Alter Trading Corp., 2012 Iowa App. LEXIS 879 (Oct. 17, 2012), applying the state’s “equitable” apportionment of workers’ compensation death benefits principles found in Iowa Code § 85.43, recently held that … Continue reading

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Iowa: Court Finds Evidence Does Not Support Requiring Employer to Bear Expense of Gastric Bypass Surgery

Because an injured worker offered no evidence, other than her own testimony, that her gastric bypass surgery had been beneficial to her work-related injury, it was error to find the employer responsible for the expense of the surgery, held an … Continue reading

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