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COMMISSIONER ORDERS ALL HEARINGS TO TAKE PLACE VIRTUALLY IN PERPETUITY

On August 11, 2022, the Iowa Workers’ Compensation Commissioner, Joseph S. Cortese II, issued an administrative order making all hearings virtual for the foreseeable future. Beginning October 29, 2022, all currently-scheduled hearings in contested cases before the...

IA MEDICAL INSURANCE OPT-OUT PAYMENTS TO BE INCLUDED IN AVERAGE WEEKLY WAGE CALCULATION

In Markley v. J. Rettenmaier USA LP, the Iowa Workers’ Compensation Commissioner affirmed a Deputy Commissioner’s determination that employer-provided medical insurance opt-out payments should be included in an injured employee’s average weekly wage calculation....

IOWA DEPUTY COMMISSIONER PROVIDES GUIDANCE ON COMPENSABILITY WHEN AN EMPLOYEE IS INJURED WHILE VIOLATING EMPLOYER’S POLICIES

Goede v. US Xpress, Inc. provides an example on how an injured employee could still receive workers’ compensation benefits even though the employee’s injury resulted from violations of the employer’s company policies. In some circumstances, an employee may be barred...

NEW GUIDANCE IN IOWA INCLUDES FREQUENT “ZERO” WEEKLY EARNINGS IN AVERAGE WEEKLY WAGE CALCULATION

In Lutz v. Consolidated Refrigerated Services, an Iowa Deputy Workers’ Compensation Commissioner provided guidance on how to calculate an employee’s average weekly wage when that employee frequently submits pay logs with “zero” weekly earnings due to an irregular pay...

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