FACTORS FOR COMMUTATION OF COMPENSATION AWARDS REVISITED

The Iowa Court of Appeals recently affirmed a Commissioner’s ruling to grant an employee’s request to have his workers’ compensation benefits partially commuted in United Fire v. Hessenius. In Hessenius, the employer argued against commutation on the basis that the employee failed to articulate how he planned to make up the lost revenue each week […]

MEDICAL MARIJUANA AND WORKERS’ COMPENSATION

In recent years and months, Iowa has expanded the availability of medical marijuana and its derivative products within the State.  Iowa Code §124E.26. Marijuana is still illegal in Iowa and the State still has very strict rules regarding how the substance can be used for medical treatment. Regardless, the trend in the State has been […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL JUNE 18, 2021

On February 2, 2021, the Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the Commission from March 19, 2021, to June 18, 2021. For those of our avid followers who are keeping track, this is the sixth continuation of the suspension of in-person hearings since March 13, 2020, when the pandemic […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN PERSON HEARINGS UNTIL MARCH 19, 2021

On October 12, 2020, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from November 21, 2020 to March 19, 2021. This order was expected and is a continuation of the previous order issued by the Commissioner at the start of the pandemic, but it has some far reaching and […]

CHAVEZ v. MS TECHNOLOGY, LLC: THE CONTINUED EVOLUTION IN THE DEFINITION OF WHAT A ‘SHOULDER’ IS UNDER SECTION 85.34(2)(n)

On September 30, 2020, the Iowa Workers’ Compensation Commissioner, Joseph S. Cortese, II, issued another opinion further clarifying the definition of a ‘shoulder’ in Iowa. Chavez v. MS Technology, LLC. was issued on the heels of a prior recent opinion from the Commissioner regarding the definition of a ‘shoulder,’ Deng v. Farmland Foods, Inc. The […]

SIGNIFICANT INTERPRETATION BY IOWA WORKERS’ COMPENSATION COMMISSIONER REGARDING THE SHOULDER AS A SCHEDULED MEMBER VS. THE BODY AS A WHOLE

On September 29, 2020, the Commissioner of the Iowa Workers’ Compensation Division, Joseph Cortese, II, issued an Appeal Decision in Mary Deng v. Farmland Foods, Inc. This Decision addressed the definition of a shoulder as a scheduled member injury. On July 1, 2017 the Iowa Legislature amended Iowa Code section 85.34(2) to include injuries to […]
[/et_pb_section]