Recent Articles

Tempoary Partial Disability – Requirment To Prove Causation

May 02, 2007 19:57

Burtnett vs Webster City Custom Meats, Inc., (Iowa App. January 2007) Burtnett on appeal urged that the commissioner’s should have awarded temporary partial disability (TPD) benefits for several periods in 2000. The deputy commissioner denied the claims for TPD benefits because absences due to t...

Specific Performance Of Settlement Agreement

May 02, 2007 12:30

Kirk Gross Co. and United Fire Group vs. Schwab, (Ia. App. 11/30/06) Employer and insurance carrier filed petition in equity with district to request the court order Schwab to sign the settlement agreement so it could be submitted to the commissioner for approval. Schwab had contended that his...

Substantial Evidence-Weighing Of Evidence- Use Of First Report Of Injury

May 01, 2007 20:10

John Arndt vs City of LeClaire and Highland Insurance Group, 728 N.W.2d 389 (Iowa 2007) The commissioner found that Arndt’s injuries not to be work related. On judicial review the district court reversed the decision of the commissioner finding substantial evidence did not support the c...

Judicial Estoppel – Alternate Care Hearing

May 01, 2007 12:23

Tyson Foods, Inc. vs Migdahia Hedlund, (Iowa App. Ct. January 18, 2007) Hedlund alleged a work injury to her arms, shoulder and neck. Hedlund was seen by Dr. Timothy Schurman who diagnosed her with inflammatory arthritis and stated her condition had been materially aggravated by the work place. ...

Mental-Mental Injury

May 01, 2007 01:50

Asmus vs Waterloo Community School District and Employers Mutual Companies, 722 N. W. 2d 653 (Iowa 2006) Asmus, a middle school teacher for 26 years in the Waterloo Community School District alleged she is disabled from sever state of depression caused by the stresses that arose from an alleged...

Judicial Estoppel

April 23, 2007 12:15

Winnebago Industries and Sentry Insurance vs Haverly, 727 N.W.2d 567, (Iowa 2006) In 1992 Haverly sustained a work related back injury and in 1997 entered into an agreement for settlement. Winnebago provided ongoing medical care including surgery. On November 7, 2000 Haverly went to the doctor...

Industrial Disability – Restrictions Meant To Prevent Reinjury

March 26, 2007 21:38

Hill v. Fleetguard, 705 N. W.2d 665 (Iowa 2005) The court held that there is substantial evidence to support commissioner’s conclusion of no permanent injury and no functional impairment due to injuries to chest, hip and elbow. Also substantial evidence to support commissioner’s finding that per...

Bad Faith - Uninsured Employer

March 19, 2007 19:34

Bremer vs. Jerry Wallace and Iowa Great Lake Lifts, 728 N. W.2d 803 (Iowa 2007) Bremer sustained a work related injury while working for Jerry Wallace, d/b/a Iowa Great Lake Lifts. Wallace did not carry workers’ compensation insurance, had not met the statutory requirements for self-insured s...

Arising Out Of And In The Course Of Employment – Carpal Tunnel

February 12, 2007 01:14

Meyer v. IBP, Inc., 710 N.W.2d 213 (Iowa 2006) Meyer obtained employment at an IBP plant in Waterloo through a staffing agency and was placed at IBP on October 10, 2000. Meyer remained an employee of the staffing agency until he completed a sixty day probationary period. Meyer first experience...