Monthly Archives: June 2015

Cook and Zenor Successfully Restore Bauder Pharmacy to its Former Glory as a Full Service Pharmacy on Ingersoll

June 25, 2015

Mark Graziano, a former proprietor at Bauder, was sentenced last fall to two years in jail for that Hydrocodone diversion.  After noticing the diversion, the Board revoked Bauder’s controlled substance (CS) license. Guy Cook and Adam Zenor presented Bauder’s case yesterday before the Iowa Board of Pharmacy (IBOP) and argued the time to restore Bauder’s […]

Violation of Municipal Code Is Evidence of Negligence, Not Negligence Per Se

June 23, 2015

Negligence per se is the violation of an absolute standard of care, which must be ordained by a state legislative body or an administrative agency regulating on a statewide basis under authority of the legislature that is to be followed unwavering in all instances.  In a case warranting such an instruction, the jury is told […]

Workers’ Compensation’s Alternate Care:  Burden on Claimant to Show Treatment Offered is Unreasonable

June 19, 2015

In Lynch Livestock, Inc. v. Bushell, No. 14-1133, filed May 20, 2015, the authorized treating doctor for an accepted claim had recommended a laparoscopic lumbar sympathectomy for long-term relief and resolution of pain from CRPS. The employer presented the opinion of a different doctor recommending conservative treatment and psychological assessment of claimant instead of the […]

Surveillance Is Work Product

June 17, 2015

In Iowa Insurance Institute v. Core Group, No. 13-67 (June 12, 2015), the Iowa Supreme Court held that surveillance (video, reports) in workers’ compensation cases is protected work product and will be treated differently than medical records and reports that must be produced upon receipt pursuant to Iowa Code section 85.27(2). This negates the agency […]

Workers’ Compensation’s “Fresh Start” Rule Does Not Apply to Cases of Concurrent Employment

June 16, 2015

The Supreme Court of Iowa held in Warren Properties v. Janice Stewart, No. 13-0474 (May 29, 2015) that an employer who is liable to compensate an employee for a successive unscheduled work injury is not liable to pay for the preexisting disability that arose from employment with a different employer, or from causes unrelated to […]

Thomas and Martino are Successful in Gross Negligence Lawsuit

June 9, 2015

Grefe & Sidney’s Mark Thomas and Laura Martino were successful in securing a Dismissal, through summary judgment, of an Iowa Code Section 85.20 gross negligence lawsuit  brought against co-workers of a man who suffocated while working on a Manatts company truck.  The deceased’s representatives filed suit pursuant to a statutory exception to the workers compensation […]