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 […]

SHOULDER INJURIES DO NOT TRIGGER SECOND INJURY FUND LIABILITY IN IOWA

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

In West v. Second Injury Fund of Iowa, the Iowa Workers’ Compensation Commissioner affirmed that a shoulder injury does not trigger Second Injury Fund liability under Section 85.64. Section 85.64 of the Iowa Code provides that three requirements must be met in order to trigger liability of the Fund. First, the employee must have lost […]

EMPLOYEE IS COMPENSATED INDUSTRIALLY UNDER SECTION 85.34(2)(v)

by Baylor Evnen, LLP | Oct 5, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Ocampo v. New Fashion Pork, LLP, an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee’s permanent disability should be determined through a refiling proceeding. In Ocampo, the employee returned to work for the employer, but was subsequently discharged before his workers’ compensation hearing. He then obtained new employment at a lower […]