NEW CASE LAW IN IOWA REGARDING COMPROMISE SETTLEMENT AGREEMENTS ABSENT THE SECOND INJURY FUND

In Kingsbury v. Second Injury Fund, the employee settled with the employer via a compromise agreement without concurrently settling with the Second Injury Fund. As a result, the Deputy found that the settlement with the employer, absent the Second Injury Fund, made it impossible for the employee to maintain her Second Injury Fund claim. As […]

IOWA COURT OF APPEALS AFFIRMS SURVIVOR BENEFITS, RULING OVERDOSE WAS ACCIDENTAL, NOT INTENTIONAL

The Iowa Court of Appeals recently upheld an Agency decision to award survivor benefits to the widower of a claimant who died from a prescription drug overdose. The employer had appealed, arguing that the overdose was a suicide, which would bar survivor benefits under Iowa’s willful-injury defense (Iowa Code § 85.16(1))—a provision that excludes compensation […]

IMPLICATIONS OF MEDICAL MARIJUANA INITIATIVE 437 ON NEBRASKA’S WORKERS’ COMPENSATION SYSTEM

On the ballot for the November 5, 2024 election is Initiative 437, a measure aimed at legalizing medical marijuana in Nebraska. This initiative, if passed, would create a legal framework for the medical use of cannabis. While the focus of Initiative 437 is on providing access to medical marijuana for individuals with qualifying conditions, this […]

LEGAL STANDARD FOR MEDICAL CAUSATION AFFIRMED

In Prinz v. Omaha Operation LLC, the Supreme Court of Nebraska affirmed a workers’ compensation award where the legal sufficiency of the medical opinions was the issue. The employee claimed that she suffered pulmonary injuries (asthma) as a result of donning an N95 mask which was required at work. Her expert wrote: “I think there […]

NAVIGATING THE “COMING AND GOING” RULE IN IOWA WORKERS’ COMPENSATION

In Iowa, the “coming and going” rule traditionally holds that injuries sustained by employees while traveling to and from work are not compensable under workers’ compensation.  This rule is grounded in the principle that the commute to and from the workplace is not considered to be within the course of employment or arising out of […]
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