Anita Dhar Miller successfully argued in an Iowa Workers’ Compensation Commission hearing that a claimant who alleged permanent disability resulting from a work injury failed to demonstrate so by a preponderance of the evidence; as a result, the deputy did not award claimant any benefits. Anita represented claimant’s former employer and their workers’ compensation carrier. […]
Andrew D. Hall and Aaron W. Lindebak obtained a summary judgment against a Claimant in a workers’ compensation proceeding. Claimant filed a workers’ compensation claim relating to an alleged work place accident that occurred on September 14, 2016. The Petition was filed on September 17, 2018. Defendant had paid no benefits to the Claimant. Hall […]
In a case pending in the United States District Court for Northern District of Iowa, the Iowa Supreme Court answered a certified question by federal district court Judge Mark Bennett regarding whether a Third-Party Administrator for workers’ compensation insurance carriers may not be held liable for bad faith causes of action brought by workers’ compensation […]
Six current or former employees of TPI Iowa, LLC, a wind blade manufacturing company located in Newton, Iowa, sued TPI’s workers’ compensation carrier, Insurance Company of the State of Pennsylvania (ICSOP), for failing to conduct, or negligently conducting, an insurance inspection at the company’s facility, which caused serious health problems. ICSOP resisted the Plaintiffs’ claims, […]
Iowa’s workers’ compensation law will be changing for idiopathic falls. This change will go into effect on July 1, 2019. Therefore, work injuries occurring on or after July 1, 2019, will be subject to the new law. Iowa Code Section 85.61(7) was amended to further define “personal injuries arising out of and in the course […]
Iowa’s workers’ compensation law will be changing significantly for injuries that occur after July 1, 2017. We have summarized many of the changes below, but it will take some time, and perhaps Commissioner and Court guidance to fully determine how the changes will impact our claims. We are here to help consult with you about […]
Plaintiff NE Iowa Silo purchased a workers’ compensation insurance policy through an independent insurance agent. Plaintiff has job sites and employees based in Iowa and Wisconsin. The insurance agent told plaintiff the workers’ compensation policy provided coverage for employee injuries arising under Iowa and Wisconsin workers’ compensation law. While working in Wisconsin, one of plaintiff’s […]
Employer Pella Corporation appealed a district court order affirming the commissioner’s decision that a forklift accident caused a rotator cuff tear in its employee’s right shoulder, and that the employee, Charlie Marshall, was entitled to an award of twenty percent industrial disability. The Iowa Court of Appeals affirmed the district court’s holding. Marshall was struck […]
Plaintiff sustained a back injury at work on May 23, 2010. On May 23, 2012, his employer notified him it would no longer pay for his medical care as the two-year statute of limitations for workers’ compensation benefits had expired. Plaintiff filed two petitions with the Workers’ Compensation Commission – one alleging an injury on […]
The Iowa Court of Appeals recently issued a ruling on intervening and superseding cause and payment of past medical expenses in the workers’ compensation context. An employee injured his back in the course and scope of employment on August 15, 2011. He returned to full-duty work with no restrictions on August 24, 2011. On October […]
