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Category Archives: Work Comp

Work Comp Defendants Need to Appeal to Courts to Get Proper Temporary Benefit Overpayment Credits

Since the Iowa Supreme Court ruling in Swiss Colony v. Deutmeyer, 789 N.W.2d 129 (Iowa 2010), claimant attorneys began to argue that the expansive language in the Deutmeyer ruling applied not only to permanency benefit overpayments (historically governed by Iowa Code 85.34(5)) but also to temporary benefit overpayments (historically governed by Iowa Code 85.34(4)). (see […]

Survey of Recent Work Comp Decisisons – Back Injuries, No Surgery, but Loss of Job

Nelson v. Fitzpatrick Auto Center, Inc.; File Number 5039313 (3/20/2013): 50 yr. old with GED and post-secondary training at the Job Corps in Nebraska; prior work experience includes farm work, Army (infantry) experience with an honorable discharge, as well as work at a seed company, feed lot, night auditor at a hotel, retail store(s), landscaping, […]

Survey of Recent Work Comp Decisisons – Back Injuries with Surgery and Loss of Job

Sturgeon v. Construction Materials Testing; File Number 5039298 (5/14/2013): 56 yr. old high school graduate with additional work certifications in construction; prior work experience includes welding production, testing services attendant; waterproofing steam tunnels, and engineering technician for Defendant; Claimant was originally injured on August 5, 2008, in which he twisted himself, thereby resulting in a […]

Further Defining of “Suitable Work” in Iowa Code 85.33(3) for Temporary Partially Disabled Workers

Iowa Code Section 85.33(3) directs that if an employee is temporarily or partially disabled and the employer offers him suitable work consistent with the employee’s disability, the employee must accept the work to receive temporary work comp benefits.  If the employee refuses to accept the work, the employee will no longer receive benefits during the […]

Survey of Recent Work Comp Decisisons – Back Injuries with Surgery and Return to Job

Cozad v. Russell Corporation; File Number 5015753 (7/26/12): 41 yr. old high school graduate with some community college classes; prior work experience includes food service, road construction, press operator, clerical, telemarketer, and factory work;  began working for Russell in 1998; has pre-existing back injuries but 2004 back injury includes consistent pain and a “popping” of […]

Survey of Recent Work Comp Decisisons – Shoulder Injuries with Surgery and Loss of Job

Cummings v. Care Initiatives; File Numbers 5036558; 5036559 (8/10/12): 32 yr. old high school graduate; CNA certificate; prior work experience included daycare, management, factory work; worked for the nursing home from July 2009 thru October 2010; originally injured left shoulder in March 2010; medical evidence does not document any treatment until June 2010 when Claimant […]

Workers’ Compensation Healing Periods

Healing periods are no longer limited to one-per-injury. The Iowa Supreme Court’s ruling in Waldinger Corp. v. Mettler earlier this summer expanded the possibility of healing periods and an employer’s responsibility of compensation during such time. 817 N.W.2d 1 (Iowa 2012). The case found Mettler able to recover healing period benefits under Iowa Code §85.34(1) […]

Re-Evaluating Iowa Code 85.34(4) and (5) and Deutmeyer

It seems like a fairly easy concept … if an employer and carrier pay more benefits than what is statutorily required in a workers’ compensation claim, then they get a credit for those benefits overpaid against any additional award/settlement funds … then came along Deutmeyer (See Swiss Colony, Inc. v. Deutmeyer, 789 N.W.2d 129 (Iowa […]