Recent Articles

New Medicare Directive Affects Work Comp

June 09, 2008 14:50

Those practicing in the worker's compensation and personal injury arenas should now understand the need to consider and address the interests of Medicare and Medicaid when settling any worker's compensation or personal injury claims. Any third-party liable for injuries to another must assume and...

Work Comp Settlements In Iowa--Part I--Types of Available Settlements

February 28, 2008 13:56

Most worker's compensation claims are resolved prior to litigation. Even those claims that proceed to litigation are most often resolved via settlement before trial is required. In general, most worker's compensation claims in the State of Iowa can be resolved if the parties are reasonable,...

Controlling Cost in Iowa Workers' Compensation Claims-"The Mod Factor"

February 26, 2008 04:17

As an attorney that represents employers and insurance carriers in Iowa workers compensation cases, I am often asked questions about the effect of a settlement, a decision from the Commissioner, or the effect of a decision being made by an insurance carrier. During my conversations, employers...

New Legislative Initiative in Iowa's Workers' Compensation System

February 08, 2008 22:51

Thus far, Iowa's legislature has been relatively quiet and does not seem to be pursuing significant revisions or reform to the Iowa workers' compensation scheme. The only bill that I am aware of at the present time with any significant effect on Iowa's workers' compensation system, is House Study...

The Rise of Wage and Hour Claims

February 05, 2008 15:24

There has been a recent trend toward litigation in the wage and hour arena. Employees are becoming more and more aware of their rights and starting to challenge employer practices. As this article explains, certification of a class action suit against an employer for a violation of wage and hour...

New Amendments to the Medicare Secondary Payer Statute May Impact Iowa Work Comp Claims

January 18, 2008 19:28

It appears that Congress has made some more revisions to the Medicare Secondary Payer Statute that will affect the handling of worker's compensation claims in Iowa and throughout the country. Starting in July 1, 2009, workers' compensation carriers and self-insured employers are going to be...

Is Iowa’s Workers’ Compensation Notice Defense Fair or Should It Be Amended?

January 15, 2008 12:54

As I noted in a prior article, employees in Iowa have 90 days from the date of sustaining an injury to report that injury to their employer. If the employee fails to report the injury and the employer does not have actual knowledge of the injury, the employee is barred from pursuing otherwise...

When Must an Employee Give Notice of a Work Injury?

January 11, 2008 22:08

An injured employee is obligated to give notice to his/her employer within 90 days of sustaining a work injury. Iowa Code section 85.23 provides that an injured worker shall given notice of a work injury within 90 days of sustaining the injury unless the employer has actual knowledge of the...

Top 10 Effective Ways to Get Sued by an Injured Employee

January 10, 2008 11:48

Employers sometimes are shocked when they get sued by injured workers. Yet, many of the reasons workers' compensation suits are filed are logical and preventable by employers and insurance carriers. Most times, injured workers have no intention of pursuing litigated claims against their employer....

What If An Injured Worker Does Not Like the Physician Selected by the Employer?

January 07, 2008 13:04

As I discussed in a prior article, employers in the Iowa worker's compensation system have a statutory right to select the treating physician. However, if an injured worker does not like the physician selected and authorized by the employer, he/she does have potential remedies. A dissatisfied...