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, […]

CLASSES OF EMPLOYEES EXCLUDED FROM IOWA WORKERS’ COMPENSATION BENEFITS

Generally, most workers employed in the State of Iowa, and consequently their employers, are subject to the Iowa Workers’ Compensation Act. However, there are some employees which are statutorily defined as not being employees. For a strong rural state like Iowa, one of the most important classes to consider are those persons engaged in agricultural […]

SF 507 PASSED BY IOWA HOUSE

On April 9, 2019 the Iowa House passed bill SF 507; the bill was previously passed by the Iowa Senate. The bill modifies Iowa Code 85.61(7) to add a new section (c) which provides that personal injuries due to idiopathic or unexplained falls from level surface onto the same level surface do not arise out […]

Additional Deputy Commissioner Appointed to Iowa Workers’ Compensation Commission

Recently, Iowa Workers’ Compensation Commissioner Joseph Cortese has appointed attorney Michael Lunn to be a deputy commissioner. Michael Lunn graduated from Drake Law School and worked with a workers’ compensation insurance defense firm prior to taking this position. He will be beginning on February 18, 2019 at the Division of Workers’ Compensation. Baylor Evnen congratulates […]
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