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Larson's Case Law Developments
NEW! 11/13/2009 12:26:08 AM EST
Iowa: Medical Benefits Ordered for Petition Filed Nine Years After the Injury

In Robertson/Star Building v. Coohey

By H. Edwin Detlie

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Larson's Case Law Developments
10/7/2009 5:09:16 PM EST
Court Awards Permanent Total Disability Benefits to Claimant Working 32 Hours a Week

This decision is not as strange as it sounds, but the Iowa Workers’ Compensation Commissioner did find the facts “unusual.” In West Ridge

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Larson's Case Law Developments
8/6/2009 11:20:35 AM EST
Iowa Drug Rehab Program Ruled Not Employer of Injured Rehab Resident

The Iowa Court of Appeals considered a difficult case, Teen Challenge v. Pauler, where a 44-year-old man who was going through drug treatment was found not to be an employee, while repairing a building to

By H. Edwin Detlie

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Larson's Case Law Developments
7/24/2009 3:40:29 PM EST
Iowa Division of Workers' Compensation No Longer Limits Costs for Physician Reports

In an Appeal Decision filed in late July, 2009, Cave

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Larson's Case Law Developments
7/24/2009 11:31:07 AM EST
Iowa Court Awards No Penalty for Failure to Pay While Appeal Is Pending Before the Agency

While limiting its ruling to the specific facts of this case, the Iowa Court of Appeals ruled in late July, 2009, that an employer could refuse to pay the ordered award to the injured worker while an appeal is pending.

By H. Edwin Detlie

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Larson's Case Law Developments
7/22/2009 11:21:03 AM EST
Iowa Court of Appeals Finds No Agreement to Settle Claim

In its opinion in Eaton Corporation v. Branson, filed June 17, 2009, the Iowa Court of Appeals found that the employer was not entitled to specific enforcement of what they claimed was a legally enfo

By H. Edwin Detlie

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Larson's Case Law Developments
7/17/2009 12:37:16 PM EST
Iowa Supreme Court Finds Permanent Total Disability Award Cannot Be Apportioned

In the 1990s and up to 2004, the Iowa Supreme Court had held that an employer might be responsible for the impact of a previous work injury, even if it had happened at another employer. That string of decisions had upset employers, and in 2004, the Iowa General Assembly changed the workers’ compensation st

By H. Edwin Detlie

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Larson's Case Law Developments
7/10/2009 6:46:18 PM EST
Iowa: When Is an Occupational Disease a Work Injury?

For decades, advocates for employers and workers have argued over whether certain conditions were occupational disease or a work injury – for instance, carpal tunnel syndrome. In a case published in July of 2009, in Burre

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Insurance
7/8/2009 2:18:42 AM EST
Iowa Commissioner Provides Online Information on Employers’ Work Comp Coverage

The Iowa Workers’ Compensation Commissioner’s Office has provided a new tool for attorneys to find the workers’ compensation carrier for any employer as of any recent injury date. The information can be reached by going to By H. Edwin Detlie

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Larson's Case Law Developments
7/2/2009 11:46:07 AM EST
Iowa Farm Worker Injured by Bucking Horse, Benefits Denied

In Baker v. Shields, 2009 Iowa Sup. LEXIS 54, the Iowa Supreme Court ch

By H. Edwin Detlie

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Larson's Legislative Developments
4/28/2009 12:56:18 AM EST
Iowa Passes Late-Night Changes to Jurisdiction and Penalties for Denying Valid Claims

Although it mostly slipped past the press, the Iowa General Assembly passed a light-night bill just before they adjourned for the year. The standings bill is traditionally passed at the very last minute of every session, and includes lots of bills that did not quite make it during regular session. This year, the st

By H. Edwin Detlie

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Larson's Case Law Developments
4/1/2009 4:05:40 PM EST
UPDATE: Iowa Court Says Employer Pays for Medical Exam, No Work Injury Required

A decision of the Iowa Court of Appeals that was filed in August of 2008 has now been published. While much of the decision is routine, one portion of the decision is interesting.

By H. Edwin Detlie

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Larson's Case Law Developments
3/12/2009 12:48:24 PM EST
Iowa Court Issues Another Opinion on Timeliness of Notice to Employer – Is There Any Notice Defense Left?

In Bridge v. Karr Tuckpointing, issued March 11, 2009, the Iowa Court of Appeals reversed the Iowa Workers’ Compensation Commissioner, and held th

By H. Edwin Detlie

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Larson's Legislative Developments
3/10/2009 5:33:57 PM EST
Who Should Choose Doctors for Injured Iowa Workers?

Once again, the Iowa General Assembly is being asked to consider who should choose treating doctors for injured workers. For many years, insurance carriers in Iowa have been able to tell injured workers what doctors they can see for treatment. By H. Edwin Detlie

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Larson's Case Law Developments
2/22/2009 11:13:55 AM EST
Iowa Reaffirms Manifestation Rule for Injury Dates, Discovery Rule for Statutes, and Finds That Dates Can Be Different

In a long opinion, the Iowa Supreme Court reaffirmed their previous rulings on figuring injury dates and on calculating the time a claimant has to file a Petition with the Iowa workers’ compensation claim. This case involved a woman who had worked

By H. Edwin Detlie

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Larson's Case Law Developments
2/17/2009 6:22:31 PM EST
When Is Positional Risk Not Positional Risk? Iowa Court Gets Do Over

The Iowa Court of Appeals has once more attempted to address the issue of positional risk, but has come out with an outcome which contradicts their decision from ten months ago, in April of 2008.

By H. Edwin Detlie

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Larson's Emerging Issues & Trends
11/5/2008 1:12:09 PM EST
Obama Administration Promises More Efficient Social Security Disability Process

As a candidate, Senator Barack Obama issued a white paper on the need to redesign the process for Social Security Disability and SSI applications.  The comments are found in a lengthy Obama Disability Plan Fact Sheet.

By H. Edwin Detlie

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Larson's Case Law Developments
9/6/2008 12:43:15 PM EST
Iowa Supreme Court Finds Petition Filed More Than Two Years After Injury Was Timely

The Iowa Supreme Court recently held that a woman who filed a Petition for Arbitration with the Iowa Workers' Compensation Commissioner's Office more than two years after the injury, beyond the statute of limitations, had filed a timely Petition, since she did not learn that the injury was serious until the statute had run. See By H. Edwin Detlie

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Larson's Case Law Developments
9/6/2008 12:22:26 PM EST
Iowa Workers' Comp Law Now Treats Wrist Injury as Part of the Arm

In a ruling that affirmed the Iowa Workers' Compensation Commissioner, the Iowa Supreme Court held that a wrist injury should be treated as an injury to the arm, rather than an injury to the hand. See Holstein Electric and Integrity Mutual v. Breyflogle.

By H. Edwin Detlie

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Larson's Emerging Issues & Trends
7/29/2008 5:24:43 PM EST
Iowa Governor Creates Task Force on Employee Misclassification

This topic sounds boring, but it is an attempt to address real mistreatment and neglect of employees by some unscrupulous Iowa employers that results in thousands of injured workers being stuck without health care or income when injured at work.

On July 16, 2008, Governor Chet Culver signed Executive Order Number Eight to address the injustice and to level the playing field for honest employers. Some employers all over the United States play the same game, calling employees "ind

By H. Edwin Detlie

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Larson's Case Law Developments
6/20/2008 12:46:37 PM EST
Challenge to Changes to Iowa Workers' Compensation Law Dismissed for Lack of Standing

This is a Constitutional Law case, in the workers' compensation arena. On June 20, 2008, in Godfrey v. State of Iowa, the Iowa Supreme Court refused to consider a challenge to a recent change in the Iowa Workers' Compensation statute, holding that the person challenging the

By H. Edwin Detlie

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Electronic Filing
6/10/2008 4:39:37 PM EST
Electronic Filing and Case Management System Getting Closer in Iowa

After a lot of effort and some frustrating setbacks, the Iowa Workers' Compensation Commissioner's Office is moving closer to an electronic filing and case management system. The Commissioner has submitted a proposal for a system similar to the Georgia State Board of Workers' Compensation. The Commissioner recently remarked that the new "paperless" system will be accessible through any computer with internet access.

While the system will be "designed to make paper fili

By H. Edwin Detlie

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Larson's Case Law Developments
5/29/2008 6:04:43 PM EST
Injured Workers Allowed to Report Work Injury Late Due to Discovery Rule

In two decisions filed on May 29, 2008, one by the Iowa Supreme Court and one by the Iowa Court of Appeals, injured workers were allowed to report a work injury beyond the normal 90-day statutory limit for reporting work injuries.

In The Dexter Company v. Connelly, the claimant sustained a low back injury at work on April 16, 2003, and reported it in August, 2003, after he saw a neurosurgeon. While the Iowa Supreme Court found that the discovery rule required specific facts to

By H. Edwin Detlie

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Larson's Case Law Developments
5/24/2008 6:30:35 PM EST
Iowa Woman Falls at Work, Ruled Not Work Injury
The Iowa Court of Appeals refused to find a woman's back injury was work-related, although she fell at work. In Ottumwa Regional Health Center v. Mitchell, 752 N.W.2d 35, filed in April of 2008, the Io
By H. Edwin Detlie

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Larson's Legislative Developments
5/24/2008 5:59:12 PM EST
Iowa Workers' Compensation Act Changed to Allow New Type of Settlement
Until this year, parties to a workers'' compensation claim could settle a case under an open-file basis, called an Agreement for Settlement, or a closed-file basis, called a Compromise Settlement.
 
Open file settlement. If the parties reach an open file Agreement for S
By H. Edwin Detlie

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Larson's Case Law Developments
5/24/2008 2:20:58 PM EST
Iowa Court of Appeals Orders Employer to Pay for Unauthorized Doctor
In Bell Brothers Heating v. Gwinn, 2008 Iowa App. LEXIS 206, filed in April, the Iowa Court of Appeals took the unusual step of deciding the appeal en banc, even though it was argued to a three-Judge panel. The Court found that an emplo
By H. Edwin Detlie

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AMA Guides & Permanent Impairment
5/24/2008 10:58:55 AM EST
Iowa Rejects 6th Edition of AMA Impairment Guides for Work Injuries
Since its publication, the Sixth Edition of the AMA Guides to the Evaluation of Permanent Impairment has met with stiff criticism. It has been described as a step back in fairly assessing work injuries by many legal and medical experts. Several States have formally rejected use of the Sixth Edition, and Iowa has joined that group of jurisdictions. Specifically, Iowa has relied on the Fifth Edition of the Guides, and will stay with that edition for the foreseeab
By H. Edwin Detlie

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Larson's Case Law Developments
5/24/2008 10:45:26 AM EST
Iowa Workers' Compensation -- Interest on Penalty Award
The latest buzz in Iowa workers' compensation law is the recent appeal decision of the Iowa Workers' Compensation Commissioner in Curl v. University of Iowa, filed May 16, 2008. In Curl, the Commissioner affirmed the Deputy Commissioner's assessment of a penalty under §86.13 of the Iowa Code for failure to pay permanent partial disability benefits. However, the Deputy then ordered the employer to pay
By H. Edwin Detlie

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