IOWA WORKERS’ COMPENSATION DEPUTIES SPLIT ON BILATERAL INDEMNITY OWED FOR PERMANENT IMPAIRMENT TO SHOULDER INJURIES

by Baylor Evnen, LLP | Dec 8, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, a Deputy Commissioner caused quite the stir by breaking with the prior consensus among the Commission about how to compensate an employee who sustains bilateral shoulder injuries from a single accident. In Carmer v. Nordstrom, Inc., the claimant injured both of her shoulders in one work-related accident.  Her employer stipulated that her injuries were […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL APRIL 29, 2022

by Baylor Evnen, LLP | Nov 30, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On November 29, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from January 31, 2022 to April 29, 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 […]

CBD OIL IN IOWA, COMPENSABLE?

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

In many shops and stores you will find CBD Oil being advertised as a legal substance that has health benefits. CBD Oil has been legalized in Iowa in a limited capacity for medical use only. Iowa Code § 124E. However, in the context of workers’ compensation, insurers and employers are not required to pay for […]

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 […]