IOWA COURT OF APPEALS CLARIFIES “ODD-LOT DOCTRINE”

by Baylor Evnen, LLP | Jun 14, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Court of Appeals of Iowa recently affirmed a decision from the Commission about an employee who argued she was entitled to permanent total disability from a work related injury. In Drahozal v. American Airlines, the employee argued that she fell under the Odd-Lot Doctrine, but the court found this not to be true, because […]

IOWA GUIDANCE ON TEMPORARY TOTAL DISABILITY AND THE GEOGRAPHIC AREA OF A LABOR MARKET

by Baylor Evnen, LLP | May 25, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Annett Holdings, Inc. v. Roberts, the Court of Appeals of Iowa affirmed a decision from the Commission on two issues: (1) When does a period of temporary total disability benefits end; and (2) when determining an employee’s access to labor, what are the limits of the geographic area? On November 15, 2010, while the […]

AM I LIABLE: WHAT CONSTITUTES NOTICE FOR A WORKERS’ COMPENSATION CLAIM IN IOWA?

by Baylor Evnen, LLP | Apr 15, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Court of Appeals of Iowa recently affirmed a decision from the Commission that a report notifying the employer that an accident might have occurred, but did not specify that an employee had been hurt or injured, was sufficient notice in John Deere Davenport Works v. Dickerson. Under Section 85.23, notice of a work-related injury […]

HOW MUCH IS ENOUGH? AN INTERPRETATION OF WHICH WEEKS REPRESENT AN EMPLOYEE’S AVERAGE WEEKLY WAGE FOR WORKERS’ COMPENSATION

by Baylor Evnen, LLP | Mar 19, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Court of Appeals of Iowa affirmed a decision from the Iowa Workers’ Compensation Commission that held that a week during which an employee works only a few hours less than other weeks can be excluded from the average weekly wage calculation in Regional Care Hospital Partners, Inc. v. Marrs. As we know in Iowa, […]

FACTORS FOR COMMUTATION OF COMPENSATION AWARDS REVISITED

by Baylor Evnen, LLP | Feb 12, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Iowa Court of Appeals recently affirmed a Commissioner’s ruling to grant an employee’s request to have his workers’ compensation benefits partially commuted in United Fire v. Hessenius. In Hessenius, the employer argued against commutation on the basis that the employee failed to articulate how he planned to make up the lost revenue each week […]

MEDICAL MARIJUANA AND WORKERS’ COMPENSATION

by Baylor Evnen, LLP | Feb 5, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In recent years and months, Iowa has expanded the availability of medical marijuana and its derivative products within the State.  Iowa Code §124E.26. Marijuana is still illegal in Iowa and the State still has very strict rules regarding how the substance can be used for medical treatment. Regardless, the trend in the State has been […]