IOWA SUPREME COURT: FUNCTIONAL IMPAIRMENT APPLIES DESPITE EMPLOYEE RESIGNATION

by Baylor Evnen, LLP | Oct 7, 2025 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Iowa Supreme Court has clarified an issue in workers’ compensation law: if an injured worker returns to work with the same employer and earns the same or greater wages than before their injury—and then subsequently resigns—their compensation is limited to functional impairment—not loss of earning capacity. In Den Hartog Industries v. Dungan, decided on […]

IOWA PENALTY STATUTE BREAKDOWN

by Baylor Evnen, LLP | Jun 10, 2025 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Under the Iowa Workers’ Compensation Act employers and carriers must have a reasonable basis to deny a claim. Often times this rule gets talked about in the context of the common law tort actions for bad faith, but it is also important to remember that this rule also applies to penalties under the Iowa Workers’ […]

MICAH HAWKER-BOEHNKE AND PAUL BARTA TO SPEAK AT IOWA WC SYMPOSIUM IN JUNE

by Baylor Evnen, LLP | May 5, 2025 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

We’re proud to announce that two of our attorneys, Micah Hawker-Boehnke and Paul Barta, will be featured speakers at the upcoming Iowa Workers’ Compensation Advisory Committee (IWCAC) Annual Symposium this June. The event is being held at The Meadows Events and Conference Center. Micah Hawker-Boehnke will present an “Appellate Case Law Update,” offering attendees a […]

IOWA COURT OF APPEALS’ OPINION ADDRESSES IMPACT OF FMLA LEAVE ON AVERAGE WEEKLY WAGE CALCULATION

by Baylor Evnen, LLP | Dec 19, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, in Hermanstorfer v. Lennox Industries, Inc., the Iowa Court of Appeals ruled that an employee’s reduced hours due to taking leave under the Family and Medical Leave Act (FMLA) in the 13 weeks leading up to a work injury should not be included in the calculation of the employee’s average weekly wage (AWW). In […]

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

by Baylor Evnen, LLP | Nov 11, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

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

by Baylor Evnen, LLP | Nov 8, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

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 […]