RECENT IOWA APPELLATE CASELAW IMPACTING WC STATUTE OF LIMITATIONS AND NOTICE DEFENSE

by Baylor Evnen, LLP | Feb 16, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Iowa Supreme Court recently decided Tweeten v. Tweeten, No. 22-2081 (December 22, 2023) and Tyler v. Tyson Fresh Meats, Inc., No. 23-0393 (February 7, 2024), cases with significant impact on application of the statute of limitations under Iowa Code section 85.26 and the notice provision of section 85.23. The Claimant in Tweeten worked for […]

IOWA SUPREME COURT INTERPRETS IME REIMBURSEMENT FEES UNDER SECTION 85.39(2)

by Baylor Evnen, LLP | Feb 13, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Mid American Construction, LLC v. Sandlin, the Iowa Supreme Court held that under Section 85.39(2), an employee is entitled to the reasonable cost of an entire examination accompanying a physician’s determination of the employee’s impairment rating, not just the component cost of the impairment rating itself. Additionally, the Court held that agency factfinding must […]

ADVERSE SIDE EFFECTS FROM COVID-19 VACCINE FOUND NOT COMPENSABLE IN IOWA

by Baylor Evnen, LLP | Feb 3, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In a recent holding from the Commissioner in Driscoll v. City of Cedar Rapids, the Commissioner overturned a previous finding that an employee’s adverse reaction to a COVID-19 vaccine was a compensable injury. The initial Deputy decision found that the employee was “strongly” encouraged by his employer to get the COVID-19 vaccine at the height […]

NEW RULES FOR MEDICAL FEE SCHEDULES AND LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

by Baylor Evnen, LLP | Feb 2, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, on December 28, 2023, the Nebraska Workers’ Compensation Court adopted amendments to Rules 5, 13, 14, 15, 26, 47, and Addendum 2. By January 24, 2024, all of these changes took effect. The amendments to Rules 5, 13, 14, and 15 included minor updates regarding interpreters, fax filings, exhibits, and records checked out. However, […]