DEPUTY COMMISSIONERS CONTINUE TO FOLLOW COMMISSIONER’S GUIDANCE IN MARTINEZ V. PAVLICH DESPITE ITS OVERRULING IN POLK COUNTY DISTRICT COURT

by Baylor Evnen, LLP | Sep 29, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

There has been much talk regarding an Iowa district court’s reversal of the Workers’ Compensation Commissioner’s finding in Martinez v. Pavlich.  The Commissioner determined that an injured claimant must be compensated based on earning capacity when the claimant voluntarily resigns and begins working for a new employer.  While a district court reversed that decision on […]

CONTINUED GUIDANCE CONCERNING WHEN AN IME IS REIMBURSABLE UNDER 85.39

by Baylor Evnen, LLP | Sep 27, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Bior v. Hormel, the Iowa Workers’ Compensation Commissioner provided an example of how employees could still receive reimbursement for their IME even while failing to prove their injury was work-related. Section 85.39 of the Iowa Code provides that employees are entitled to an IME with a physician of their own choosing after an employer-retained […]

MAJOR CHANGES IN NEBRASKA FOR EMPLOYMENT DISCRIMINATION AND WORKERS’ COMPENSATION CLAIMS

by Baylor Evnen, LLP | Sep 23, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Supreme Court of Nebraska recently decided a case, Dutcher v. Nebraska Department of Corrections, in which it was held that an employee who was fired after receiving workers’ compensation benefits could not bring a wrongful termination action under the Nebraska Fair Employment and Practice Act (hereinafter NFEPA). In Dutcher, the employee worked for the […]

ONLY PREPARATION COSTS OF REPORT ARE REIMBURSABLE WHEN 85.39 IME DATED SAME DATE AS EMPLOYER’S IME

by Baylor Evnen, LLP | Aug 25, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Swanson v. Pella Corp., an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee-requested independent medical examination (IME) is reimbursable when both the employee’s and employer’s IMEs are dated the same date. Section 85.39 of the Iowa Code provides that employees are entitled to an IME with a physician of their own […]

REPLACEMENT RECLINERS IN IOWA ARE DEEMED APPLIANCES

by Baylor Evnen, LLP | Aug 12, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Evilsizor v. Northern Ag Services, Inc. provides an example of how an employee did not meet his burden of proof when petitioning for alternate care. Section 85.27(4) of the Iowa Code provides that an employer has the right to choose a provider of care to treat the injured employee. The section also requires the employer […]