Court of Appeals of Iowa Confirms the Importance of Accurate Medical Histories in Cases Regarding Causation
Recently, in Bakken v Orwig Inc, the Court of Appeals of Iowa affirmed a dismissal of a Claimant’s Petition on the issue of causation. Essentially, the issue surrounded two conflicting opinions from...
Plaintiff’s 10 Month Delay in Reporting Injuries Found to be Untimely
In March, the Nebraska Workers’ Compensation Court ruled in Vallin v. Nebraska Beef Ltd., Doc. 208 No. 0299, 2014 WL 1045700, that Plaintiff’s act of waiting 10 months to report his alleged work-related...
A Refresher: Common Defenses to a Workers’ Compensation Claim
There are a number of statutory affirmative defenses available to an employer upon the filing of a workers’ compensation claim. The employer has the burden of proof to establish such defenses. Cedar...
Deputy Commissioner Michelle McGovern Named Acting Workers’ Compensation Commissioner
Governor Terry Branstad announced on September 8, 2014 that Deputy Commissioner Michelle McGovern will serve as acting Workers’ Compensation Commissioner effective immediately. In early August, former...
Nebraska Court of Appeals Reexamines “Residual Impairment Test”
The Nebraska Court of Appeals’ ruling in Burnett v. Tyson Fresh Meats, 21 Neb. App. 910, 845 N.W.2d 297 (2014), serves as a helpful reminder of the significance of the “residual impairment test.” The...
Misrepresentation on Application for Employment Not a Valid Defense
Until late 2011, a misrepresentation on an application for employment was a viable defense to disqualify an employee from receiving workers’ compensation benefits if: (1) the employee knowingly and...
Rise in Mileage Reimbursement Rate
Effective January 1, 2015, the mileage rate for injured employees traveling to seek medical treatment or participating in a vocational rehabilitation plan will rise from 56 cents per mile to 57.5 cents...
Employee Not Awarded Benefits for Injury that Occurred While Taking Employer’s Scrap Metal to Sell for Personal Profit
The Nebraska Court of Appeals was recently faced with an interesting set of facts in Brittain v. H&H Chevrolet, 21 Neb. App. 986 (2014). Brittain worked as a “lot porter” for H&H. One of his...
Court of Appeals of Iowa Provides Additional Guidance on When Bonuses Will be Included in Wage Calculations
Recently in Pella Corp v Minar, 2014WL3930464, the Court of Appeals of Iowa determined that for purposes of determining weekly earnings, a “vesting bonus” will be considered a regular bonus and should...
The Court of Appeals of Iowa Enforces and Elaborates on the Strict 90 Day Notice Provision of ICA 85.23
Recently, the Court of Appeals of Iowa elaborated on the issue of how to apply the 90 day notice provision of ICA § 85.23 in cases of cumulative injuries. The applicable statue notes that “unless the...