ADVERSE SIDE EFFECTS FROM COVID-19 VACCINE FOUND NOT COMPENSABLE IN IOWA

by Baylor Evnen, LLP | Feb 3, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In a recent holding from the Commissioner in Driscoll v. City of Cedar Rapids, the Commissioner overturned a previous finding that an employee’s adverse reaction to a COVID-19 vaccine was a compensable injury. The initial Deputy decision found that the employee was “strongly” encouraged by his employer to get the COVID-19 vaccine at the height […]

VOLUNTEER FIREFIGHTER BENEFIT RATE UPDATE

by Baylor Evnen, LLP | Jan 3, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

We received several questions recently about the firm benefit rate applicable to the volunteer firefighters who sustain injuries in the course of and arising out of their volunteer capacity as a firefighter. Specifically, there have been questions about the current applicable 140% of the statewide average weekly wage benefit rate which applies to volunteer firefighters […]

ISSUE PRECLUSION DOES NOT BAR CLAIMS FOR PERMANENT INJURY IN REVIEW-REOPENING PROCEEDINGS IN IOWA

by Baylor Evnen, LLP | Sep 12, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Green v. North Central Iowa Regional Solid Waste Authority, the Iowa Supreme Court affirmed that the principle of issue preclusion does not bar a worker’s claim for permanent injury in a review-reopening proceeding. Section 86.14(2) permits the Iowa Workers’ Compensation Commissioner to “reopen an award for payments or agreement for settlement … [to inquire] […]

INTOXICATION DEFENSE DOES NOT REQUIRE PROCEDURES REQUIRED FOR SOME OTHER EMPLOYEE DRUG TESTS

by Baylor Evnen, LLP | Aug 31, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Davis v. Gordon Food Serv., Inc., the Iowa District Court in Polk County affirmed the Workers’ Compensation Commissioner’s ruling that evidence to support the intoxication defense under Section 85.16 does not need to be obtained in accordance with the rules and procedures under Section 730.5(7).  See Iowa Code § 85.16; see also Iowa Code […]

NEW IOWA STATUTE GIVES MEDICAID “SUPERLIEN” STATUS

by Baylor Evnen, LLP | Aug 30, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

A new Iowa statute went into effect on July 1, 2023, granting recovery rights to Iowa Medicaid that are similar to those of Medicare.  See Iowa Code § 249A.54 (2023).  Many refer to this recovery priority status as a “superlien.”  This new superlien statute provokes questions regarding how to address Medicaid liens in claim settlements. […]

DIVISION REJECTS COVID-19 BENEFITS FOR ESSENTIAL WORKER

by Baylor Evnen, LLP | Jul 7, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Collins v. Des Moines Area Regional Transit Authority, the Workers’ Compensation Commissioner determined that an essential worker’s claim for benefits arising out of the contraction of COVID-19 and ensuing complications was not compensable based on a lack of convincing evidence.  The claimant worked at a customer service booth and regularly handled cash from bus […]