The Court of Appeals of Iowa Emphasizes Its “Severely Circumscribed” Role In Reviewing Workers’ Compensation Matters
Recently, in Des Moines Asphalt and Paving v Gomez, 2014 WL 1245474 (Iowa), the Court of Appeals of Iowa affirmed a Commission finding of a Claimant being permanently and totally disabled. However, what...
Cardiovascular Injuries: A Heightened Standard
Nebraska has a special set of rules for cases in which an employee suffers a cardiovascular injury, such as heart attack or stroke. An employee must prove that both the legal and medical cause of his...
Nebraska Workers’ Compensation Court Awards TTD to Employee Who Was Fired Due to Misconduct Unrelated to the Work Injury
In a recent case of first impression, Yoder v. Mosaic and Sentry Insurance, 2013 WL 7163425, Doc. 212 No. 1477 (2013), the Nebraska Workers’ Compensation Court determined that an injured employee who is...
Comings and Goings at the Iowa Division of Workers’ Compensation
Recently, the Iowa Division of Workers’ Compensation has had some personnel changes pertaining to Deputy Commissioners. Deputy Workers’ Compensation Commissioner, Helen Jean Walleser, will retire on...
Iowa Court of Appeals Determines That an Unsuccessful Job Search Subsequent to an Arbitration Decision Can Constitute a Sufficient “Change in Condition” Justifying Review Reopening
Recently, in Searle Petroleum v. Mlady, the Court of Appeals of Iowa determined that even absent a physical change in a claimant’s condition, a claimant could have a successful review reopening by...
Accidents Occurring on Employers’ Premises, But Not at Work Site, Found Compensable
An accident does not need to occur at the work site for the Nebraska Workers’ Compensation Court to find that the accident was work-related and compensable. The general rule is that an injury occurring...
“The Agency is Entitled to Reconcile Competing Evidence, Not Ignore Evidence Completely”
When deciding whether to appeal a decision, evaluate whether the agency considered all evidence presented. As discussed below, a recent Court of Appeals decision reiterated that the agency is not...
Nebraska Supreme Court Provides Guidance on Appealable Orders in Workers’ Compensation Cases
Generally, orders in Nebraska are not appealable until they are “final.” But, what, exactly, is a final order in a workers’ compensation case? The Nebraska Supreme Court provided further guidance on this...
Court of Appeals of Iowa Reverses Determination of Permanent Total Disability by Workers’ Compensation Commission on the Basis That the Odd Lot Doctrine Was Inappropriately Applied
Recently, in Gits Manufacturing Co. v Frank, 2014 WL69668 (Jan 9, 2014), the Court of Appeals of Iowa determined that at an agency determination of permanent total disability arising out of a cumulative...
The simple answer is no. GINA is concerned primarily with protecting those individuals who may be discriminated against because an employer thinks they are at increased risk of acquiring a condition in...