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Iowa Workers’ Compensation Commissioner Indicates Fines Will Be Assessed for Any Settlements Occurring within 24 Hours of Hearing

Recently Iowa Workers’ Compensation Commissioner Joseph Cortes II issued an Order indicating that effective July 1, 2018, any settlement occurring within 24 hours of scheduled start of hearing will result in a sanction of $300.00. This sanction shall be assessed in equal proportion against the Claimant and Defendants unless the parties reach an agreement indicating […]

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Shoulder Injuries under Iowa Workers’ Compensation Law

Given some of the recent changes in Iowa law, Baylor Evnen wanted to take the opportunity to inform employers regarding indemnity exposure for shoulder injuries. For injuries occurring prior to July 1, 2017, shoulder injuries are considered injuries to the body as a whole. What is the effect of that? If an employee has an […]

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Independent Contractors in Iowa: Do they fall under the Workers’ Compensation Act?

It is a continual question as to whether an independent contractor is entitled to coverage under the Iowa Workers’ Compensation Act. In general, independent contractors are not entitled to coverage under the Act. However, independent contractors can make a formal election to come under the provisions of the Act. The court will contemplate many relevant […]

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“An [un]compromise settlement: when the agreement signed is different than the terms of the parties’ original agreement.”

What happens when you reach a compromise settlement and the written agreement offers different terms than the settlement and is mistakenly approved by the workers’ compensation commissioner? The Iowa Court of Appeals recently addressed this issue in Reihe v. Midwest Viking, Inc. In 2013, the claimant suffered an injury in the course of his employment. […]

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“Industrial Disability Considerations and the Importance of Return to Work”

Why is it important to make efforts to return injured workers to gainful employment? Should the court consider accommodations made by the employer in an award of industrial disability benefits? The Iowa Court of Appeals recently answered these questions in the case Norton v. Hy-Vee, Inc. In 2009, Norton injured her neck and back at […]

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“Over 90-days late? You’ll be time-barred.”

The Iowa Court of Appeals recently reviewed a district court’s decision upholding the workers’ compensation commissioner’s determination that an injured employee did not give timely notice of her work-related injury in Callahan v. Horseshoe Casino. Callahan claimed that she had back problems as a result of her employment, manifesting on October 10, 2011. One of […]

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Iowa Court of Appeals Affirms Dismissal Based on Statute of Limitations in Cumulative Back Injury Case

Recently the Iowa Court of Appeals in Myers v. R.R. Donnelly, issued its decision elaborating on when the statute of limitations will apply in cumulative injury claims. In this case, the Claimant began working for the employer in 1984 and began developing back pain and seeking medical treatment in 1999. The Claimant testified that he […]

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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 faith. Many allegations were made, but the primary thrust of the Petition was that the employer had no reasonable grounds to dispute that the Claimant was […]

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Comings and Goings at the Division of Iowa Workers’ Compensation

Recently, the Iowa Division of Workers’ Compensation announced that Deputy Commissioners Larry Walshire and Stan McElderry will be retiring at the end of June 2017. Both Deputies have served the State of Iowa for many years. Baylor Evnen wishes both of them a happy retirement. Check back at our blog in the future as we […]

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Kids’ Chance of Nebraska

Baylor Evnen encourages you to take part in the Kids’ Chance of Nebraska Golf outing on Thursday, July 20, 2017 at Iron Horse Club in Ashland, Nebraska. This is a wonderful opportunity for organizations to show their support for a great cause. Kids’ Chance of Nebraska is a nonprofit organization that raises money to award […]

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