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 […]

IOWA WORKERS’ COMPENSATION RATE INCREASES EFFECTIVE JULY 1, 2023

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

Effective July 1, 2023, the Iowa Workers’ Compensation Statewide Average Weekly Wage (SAWW) will rise to $1,099.55. The minimum and maximum weekly workers’ compensation rates are calculated using the SAWW. This is an increase from the previous year’s rate of $1,040.56. Additionally, effective July 1, 2023, the Iowa Workers’ Compensation Maximum Weekly Rate for TTD, […]

AN EMPLOYEE’S COMPROMISE SETTLEMENT FUND DOES NOT BAR SUBSEQUENT CLAIMS FOR BENEFITS AGAINST THEIR EMPLOYER

by Baylor Evnen, LLP | Mar 15, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Milbrandt v. R.R. Donnelly, the Iowa Workers’ Compensation Commissioner reversed the decision of the Deputy Commissioner, and found that a compromise settlement agreement entered into with the Second Injury Fund by an employee does not deprive the agency of jurisdiction over the employee’s subsequent claim for benefits involving her employer. Section 85.35 of the […]

RECAP ON PROPOSED CHANGES TO IOWA WORKERS’ COMPENSATION LAWS DURING THE 89TH AND 90TH GENERAL ASSEMBLIES

by Baylor Evnen, LLP | Mar 13, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Each year, Baylor Evnen Wolfe & Tannehill, LLP actively monitors and reports regarding workers’ compensation legislation that impacts our clients.  With the 89th General Assembly now closed, we want to provide our clients with a recap of the workers’ compensation legislation that was proposed and the bills’ current status. In addition, several workers’ compensation bills […]