IMPACT OF CORONAVIRUS ON LEGAL PROCEEDINGS IN IOWA

Iowa Workers’ Compensation Commission issued an Order noting that for any in person hearings scheduled between March 18, 2020 through “at least” June 16, 2020, the same shall be done telephonically and no longer in person. Essentially, in an effort to prevent contact, the Commission has indicated that the hearings during this period will all […]

DELEGATED DECISIONS ARE STILL FINAL AGENCY ORDERS

Recently, the Iowa Court of Appeals ruled that a decision made by a Deputy, when delegated by the Commissioner, has the effect of a Final Decision, even if not endorsed by the Commissioner. In Harrod, a hearing was first held before a deputy commissioner pursuant to Section 17A.15(3). The case was then appealed to the […]

DEPUTY WORKERS’ COMPENSATION COMMISSIONER JOINED DEPARTMENT OF WORKERS’ COMPENSATION

Recently, with the resignation of former Deputy Commissioner Toby Gordon, the Iowa Workers’ Compensation Commissioner hired attorney Jessica Cleereman to fill the role. Deputy Cleereman graduated from law school in 2005 and since that time has spent significant time practicing in Iowa workers’ compensation with private law firms and Nationwide Insurance. Her term began on […]

THIRD PARTY CLAIMS ADJUSTERS ARE NOT SUBJECT TO BAD FAITH CLAIMS

Under Iowa law a claimant can bring a claim for bad faith denial of coverage for their work place related injury in Iowa District Court, depending on the outcome, this can subject defendants to significant monetary awards. In May of 2019, Iowa’s Supreme Court came out with a ruling in De Dios v. Indemnity Insurance […]

IOWA WORKERS’ COMPENSATION REFRESHER: CARDIOVASCULAR INJURIES

The Iowa Supreme Court has adopted special rules regarding compensation for cardiovascular injuries. In order for an employer to be found liable for a cardiovascular injury, the employee must prove that employment was both the medical and legal cause of the injury. Riley v. Oscar Mayer Foods Corp., 532 N.W.2d 489 (Iowa Ct. App. 1995). Legal […]

IOWA WORKERS’ COMPENSATION REFRESHER: INDEPENDENT CONTRACTORS

Independent Contractors are not generally entitled to coverage under the Act.  Nonetheless, like self-employed persons, independent contractors can make a formal election to come under the provisions of the Act. IOWA CODE §85.61(11). In order to determine whether or not an employer-employee relationship exists, five important factors must be considered: (1) the right of selection, […]
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