HOW DO YOU KNOW IF AN EMPLOYEE IS EARNING THE SAME OR GREATER WAGES UNDER SECTION 85.34(2)(V) TO PRECLUDE ASSESSMENT OF INDUSTRIAL DISABILITY?

by Baylor Evnen, LLP | Sep 24, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Section 85.34(2)(v) can be used to limit an employee’s permanent disability indemnity recovery for a body as a whole injury to just the amount of functional loss sustained by the injury (as opposed to assessment based on industrial disability which is typically higher); as outlined in the AMA Guidelines 5th Edition.  However, for this provision […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL January 28, 2022

by Baylor Evnen, LLP | Sep 17, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On September 15, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from October 29, 2021 to January 28, 2022. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the order, all in-person hearings scheduled to take place between […]

LEGISLATIVE UPDATE: COVID-19 REBUTTABLE PRESUMPTIONS IN IOWA

by Baylor Evnen, LLP | Jul 22, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

During the 2021 Iowa Legislative Session, legislators introduced two bills to amend the COVID-19 Response and Back-to-Business Limited Liability Act (“the Act”). The Act currently limits liability for businesses in civil actions arising from COVID-19 exposure but does not impact workers’ compensation claims. If passed, proposed bills HF 121 and SF 138 would provide employee-friendly […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL OCTOBER 29, 2021

by Baylor Evnen, LLP | Jul 1, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On June 28, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from July 24, 2021 to October 29, 2021. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the order, all in-person hearings scheduled to take place between […]

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 […]