Governor Branstad appoints Joe Cortese as Workers’ Compensation Commissioner
The Office of Governor Terry Branstad announced yesterday that the Governor has appointed Joe Cortese as Iowa Workers’ Compensation Commissioner. Cortese is a partner at the Des Moines law firm of Huber,...
Proposed Legislation
Currently there are bills pending in the Nebraska Legislature which, if approved, will affect Workers’ Compensation claims. This is a sampling of the some of the more drastic proposed bills. One bill...
Baylor Evnen Joins Iowa Self-Insurers Association
As part of our continuing efforts to provide the best service for our clients, Baylor Evnen has recently joined the Iowa Self Insurers Association. This is an organization whose mission statement is to...
Declaratory Order Addressing Surveillance Challenged; Affirmed.
In October of 2012, former Commissioner Christopher Godfrey ruled in a Declaratory Order that surveillance video of and reports pertaining to a claimant must be disclosed upon request by the claimant or...
January 1, 2015 – New OSHA Reporting Requirements for Employers
On January 1, 2015, there will be a change to what covered employers are required to report to the Occupational Safety and Health Administration (OSHA). According to the new requirements, employers will...
Employee Fails to Disclose Preexisting Lifting Restriction to New Employer, Is Denied Benefits
In Fleck v. Tractor Supply, Inc., Doc. 210 No. 0723 (November 2014), the plaintiff had a 50-pound lifting restriction from a previous work-related accident that he did not disclose to Tractor Supply upon...
Certain Employees Excluded from Coverage under Iowa Workers’ Compensation Act
According to Iowa Code §85.1, the Iowa Workers’ Compensation Act does not apply to the following: (1) An employee whose employment is purely casual and not for the purpose of the employer’s trade or...
Nebraska Supreme Court Declines to Amend its “Imperfect” Test for Work-Related Repetitive Trauma Injuries
The complexities of repetitive trauma injuries have caused many headaches for Nebraska employers and insurance carriers since these claims became recognized as compensable. Repetitive trauma injuries, by...
Court of Appeals Allows Commissioner to Pick and Choose Portions of Expert Opinions in Determining Permanent Impairment
In West Des Moines Community Schools v. Fry, 2014 WL 5475510 (Iowa Ct. App. 2014), the Court of Appeals found that it was not error for the commissioner to rely on certain parts of expert opinions,...
Circumstances in which Iowa has Jurisdiction over a Workers’ Compensation Claim
The Iowa Workers’ Compensation Act (Iowa Code §§85.1 through 85.72) requires most Iowa employers to provide benefits to eligible employees who sustain injuries arising out of and in the course of their...