CHAVEZ v. MS TECHNOLOGY, LLC: THE CONTINUED EVOLUTION IN THE DEFINITION OF WHAT A ‘SHOULDER’ IS UNDER SECTION 85.34(2)(n)

On September 30, 2020, the Iowa Workers’ Compensation Commissioner, Joseph S. Cortese, II, issued another opinion further clarifying the definition of a ‘shoulder’ in Iowa. Chavez v. MS Technology, LLC. was issued on the heels of a prior recent opinion from the Commissioner regarding the definition of a ‘shoulder,’ Deng v. Farmland Foods, Inc. The […]

SIGNIFICANT INTERPRETATION BY IOWA WORKERS’ COMPENSATION COMMISSIONER REGARDING THE SHOULDER AS A SCHEDULED MEMBER VS. THE BODY AS A WHOLE

On September 29, 2020, the Commissioner of the Iowa Workers’ Compensation Division, Joseph Cortese, II, issued an Appeal Decision in Mary Deng v. Farmland Foods, Inc. This Decision addressed the definition of a shoulder as a scheduled member injury. On July 1, 2017 the Iowa Legislature amended Iowa Code section 85.34(2) to include injuries to […]

FIREFIGHTERS SENT TO FIGHT FIRES OUT OF STATE ARE LIKELY COVERED UNDER IOWA’S WORKERS’ COMPENSATION ACT

Recently, the wild fires on the west coast have gotten so out of control, smoke from the fires can be seen in the sky over most of the Midwest, including Iowa. As a result, some municipalities and other state organizations, have elected to send their firefighters to the west coast to help control the flames. […]

2020 NEBRASKA LEGISLATURE’S FINAL ACTIONS AFFECTING WORKERS COMPENSATION

The Nebraska Legislature concluded its most recent session with the passage of several bills, including LB 963, the First Responders’ Mental Injuries Bill under the Nebraska Workers’ Compensation Act. The bill was passed in recognition of the perceived unique challenges first responders face on a daily basis. The bill does two things: (1) it lowers […]

COVID-19: IOWA COMMISSIONER, JOSEPH CORTESE, POSTPONES IN-PERSON HEARINGS UNTIL NOVEMBER 20, 2020

On August 14, 2020, Iowa Workers’ Compensation Commissioner, Joseph Cortese, extended the postponement of in-person hearings by the commission from September 15, 2020, to November 20, 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 that has been renewed […]

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 […]
[/et_pb_section]