Can An Employer Ask Questions About an Applicant’s Prior Workers’ Compensation Claims and Previous Medical Conditions?
Employers have long understood that making “good” hiring decisions can have a significant impact on workers’ compensation costs. Until more recent times, there was essentially no limitation on an...
Iowa Court of Appeals Provides Guidance on Investigating a Worker’s Claim of Chronic Regional Pain Syndrome
Recently, in Zaglauer vs. Mercy Medical Center, 2013 WL 5276149, the Iowa Court of Appeals determined that a Claimant who had an uncontested work accident did not suffer from chronic regional pain...
Nebraska Workers’ Compensation Court Awards Custom Wheelchairs, Sleep Number Bed, and Wheelchair Accessible Van to Employee
On Aug. 27, the Nebraska Workers’ Compensation Court awarded the plaintiff in Simmons v. Precast Haulers, Inc., Doc. 212 No. 0087 (2013), a custom light weight wheelchair, an electric/powered wheelchair,...
Iowa District Court Upholds Commissioner’s Decision that Surveillance Video of Claimants Must be Disclosed Regardless of Whether the Employer Intends to Use the Same at Trial or With an Expert Witness
Recently, the Iowa District Court for Polk County ruled that the Iowa Industrial Commissioner’s prior decision regarding disclosure of surveillance was to be upheld. As discussed in the prior blog entry...
Iowa Supreme Court Reverses Important Point in Bad Faith Case
Previously, in the matter of Thornton v. American Interstate Insurance Company, a workers’ compensation Claimant had filed a bad faith lawsuit against the applicable workers’ compensation insurer for bad...
GOOD NEWS FOR EMPLOYERS: THE U.S. SUPREME COURT NARROWS THE SCOPE OF TITLE VII HARASSMENT AND RETALIATION CLAIMS IN THE WORKFORCE
In two recent sharply divided opinions (5-4 decisions), the United States Supreme Court made it more challenging for employees to successfully bring harassment and retaliation claims in court. In the...
National Academy of Social Insurance Documents Trend of Accelerating Increase In Workers’ Compensation Costs for Employers
Recently, the National Academy of Social Insurance (“NASI”) released a report discussing benefits, coverage, and costs on a national basis for workers’ compensation in 2011 (most recent data). This...
“One Year Rule” – Further Guidance about Workplace Injuries Given to Employers by the Nebraska Workers’ Compensation Court
Last month, the Nebraska Workers’ Compensation Court ruled in Washington v. Spracklin, Doc. 212 No. 1461 (2013), a back condition is normally considered recurrent and not compensable “if the plaintiff...
Longer Review Period Expected for Submitted Settlement Applications Before the Iowa Workers’ Compensation Commission
Recently, the Iowa Workers’ Compensation Commissioner notified members of the Iowa State Bar Association Workers’ Compensation Section of a change in the review process for settlement documents....
Provision of Medical Benefits Under the Iowa Workers’ Compensation System
Under Iowa Code §85.27, an employer is liable for all reasonable surgical, medical and hospital services arising out of a work-related injury which will hasten the employee’s restoration to health or...