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 […]

2020 NEBRASKA WORKERS’ COMPENSATION LEGISLATION

NEW BILL INTRODUCTIONS – HEARINGS Committee hearings began January 21st and will continue through the latter part of February.  As discussed below, note that three workers’ compensation bills—LB 846, LB 926 and LB 963—will be heard by the Business and Labor Committee on Monday, January 27th. Floor debate on bills “carried over” from last session […]

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 […]

POTENTIAL SEA CHANGE IN WHAT CONSTITUTES NOTICE OF AN INJURY “AS SOON AS PRACTICABLE” IN NEBRASKA

Recently, the Nebraska Court of Appeals affirmed a trial court’s finding that an employee did not give notice to his employer ‘as soon as practicable’ in Bauer v. Genesis Healthcare Group. The employee was hurt on September 15, 2017, and informed his employer on October 23, 2017. This represented a delay of just over 30 […]

THIRD PARTY CLAIMS ADJUSTERS ARE NOT SUBJECT TO BAD FAITH CLAIMS

Under Iowa law a claimant can bring a claim for bad faith denial of coverage for their work place related injury in Iowa District Court, depending on the outcome, this can subject defendants to significant monetary awards. In May of 2019, Iowa’s Supreme Court came out with a ruling in De Dios v. Indemnity Insurance […]
[/et_pb_section]