EMPLOYEE IS COMPENSATED INDUSTRIALLY UNDER SECTION 85.34(2)(v)

by Baylor Evnen, LLP | Oct 5, 2022 | BLOG, IOWA WORKERS' COMPENSATION, NEBRASKA WORKERS' COMPENSATION

In Ocampo v. New Fashion Pork, LLP, an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee’s permanent disability should be determined through a refiling proceeding. In Ocampo, the employee returned to work for the employer, but was subsequently discharged before his workers’ compensation hearing. He then obtained new employment at a lower […]

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 […]

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 […]

COMMISSIONER ORDERS ALL HEARINGS TO TAKE PLACE VIRTUALLY IN PERPETUITY

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

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 Division will be held by “internet-based video,” unless the Division grants a motion for an in-person hearing. Any […]