RETURN TO WORK MUST BE WITH THE SAME EMPLOYER FOR SECTION 85.34(2)(v) TO APPLY

On July 30, 2020, the Commissioner of the Iowa Workers’ Compensation Division, Joseph Cortese, II, announced a new interpretation of the law in Martinez v. Pavlich, Inc. In Martinez v. Pavlich, the employee did not return to work with his former employer after a work related injury. Instead, the employee found another job, with higher […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN PERSON HEARINGS UNTIL SEPTEMBER 15, 2020

On June 1, 2020, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from June 16, 2020, to September 14, 2020. This order was not unexpected, but it has some far reaching and important implications for compensation files. For example, as part of the order, all in-person hearings scheduled to […]

MULTI-STATE RESOURCES ON COVID-19 AND WORKERS COMPENSATION LAW

Baylor Evnen, LLP is a proud and long-standing member of ALFA International. ALFA International is a premier global network of independent high quality and experienced law firms. ALFA offers a wide variety of resources including access to other best-in-class attorneys and law firms. Throughout the COVID-19 pandemic, ALFA International member firms have combined their efforts […]

IMPACT OF CORONAVIRUS ON LEGAL PROCEEDINGS IN IOWA

Iowa Workers’ Compensation Commission issued an Order noting that for any in person hearings scheduled between March 18, 2020 through “at least” June 16, 2020, the same shall be done telephonically and no longer in person. Essentially, in an effort to prevent contact, the Commission has indicated that the hearings during this period will all […]

DELEGATED DECISIONS ARE STILL FINAL AGENCY ORDERS

Recently, the Iowa Court of Appeals ruled that a decision made by a Deputy, when delegated by the Commissioner, has the effect of a Final Decision, even if not endorsed by the Commissioner. In Harrod, a hearing was first held before a deputy commissioner pursuant to Section 17A.15(3). The case was then appealed to the […]

DEPUTY WORKERS’ COMPENSATION COMMISSIONER JOINED DEPARTMENT OF WORKERS’ COMPENSATION

Recently, with the resignation of former Deputy Commissioner Toby Gordon, the Iowa Workers’ Compensation Commissioner hired attorney Jessica Cleereman to fill the role. Deputy Cleereman graduated from law school in 2005 and since that time has spent significant time practicing in Iowa workers’ compensation with private law firms and Nationwide Insurance. Her term began on […]
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