Practice Area: Worker's Compensation

Hall and Lindebak Obtain Summary Judgment

September 27, 2019

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 […]

Iowa Supreme Court Rules Third-Party Administrators Cannot Be Liable for Bad Faith Cause of Action

June 25, 2019

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 […]

Iowa Supreme Court Holds Insurance Carriers Immune to Liability for Inspections

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, […]

Change in Workers’ Compensation Claims for Idiopathic Falls

April 29, 2019

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 […]

Big Changes Will Impact Workers’ Compensation Claims

April 10, 2017

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 […]

Thole Successfully Defends Insurer in Declaratory Judgment Action

September 12, 2016

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 […]

Appellate Court Affirms Commissioner’s Finding of Causation and Industrial Disability

April 11, 2016

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 […]

Iowa Supreme Court Holds Discovery Rule Applies to Singular and Cumulative Injuries in Workers’ Compensation

December 23, 2015

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 […]

Iowa Court of Appeals Clarifies Workers’ Compensation Issues on Intervening and Superseding Cause and Payment of Medical Expenses

December 3, 2015

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 […]

Insurers Beware—Pay-For-Performance Program Used to Support Punitive Damages In Bad Faith Claim

July 20, 2015

An eleven year old girl, K.N.T., was seriously injured in an ATV accident. The drivers of the ATV were uninsured, so K.N.T.’s mother filed an uninsured motorist claim with her own insurance provider, American Family. The American Family claims manager responsible for the claim denied it, citing an exclusion contained in a generic American Family […]