Practice Pointers Under Iowa Law For Timely Payment of Benefits and Avoidance of Allegations of Entitlement of Penalties.
Under Iowa Workers’ Compensation Law an employee may be entitled to penalty benefits if there has been a delay in payment without reasonable cause or excuse by the payor. I.C.A. §86.13. However, a...
The Nebraska Supreme Court Upholds the Exclusive Remedy Doctrine of the Workers’ Compensation Act in a Case Where an Employer Willfully Violated Multiple OSHA Safety Violations, Thus Causing the Tragic Death of One of its Employees.
On May, 31, 2013, in Estate of Teague v. Crossroads Co-Op Assn, 286 Neb. 1 (2013), the Nebraska Supreme Court upheld the exclusive remedy doctrine of the Workers’ Compensation Act in a case that probably...
The Iowa Court of Appeals Elaborates on the Standard for Assessing Permanent Disability in Cases of Mixed Hearing Loss and Tinnitus
In PMX Industries v. Reich, the Court of Appeals of Iowa was faced with the issue of how to assess permanent disability when a Claimant had simultaneously incurred both a scheduled member hearing loss and a separate diagnosis of tinnitus. Typically, tinnitus is...
The Court of Appeals of Iowa Appears to Increase Employers’ Liability Even in Cases of Purely Idiopathic Falls.
Recently, in AARP v. Whitacre, the Court of Appeals of Iowa found an employer liable for a workers’ compensation claim even when the parties admitted that the fall leading to the Claimant’s injury arose...