An injured worker can potentially have a workers’ compensation claim because of a work injury, and then a disability discrimination claim out of the same set of facts while trying to return to work. However, there are significant differences in the two claims. The Iowa Supreme Court issued a decision on June 25, 2021 in the case of Ronald Rumsey v. Woodgrain Millwork, Inc. d/b/a Windsor Windows and Doors which address these differences. The worker has been deaf since birth.  He uses a hearing aid, but generally relies on lip reading and sign language in order to communicate. The employer ..read more

The Iowa Workers’ Compensation Commissioner entered an appeal decision on December 29, 2021, in the case of Pamela Carmer v. Nordstrom, Inc.  The case addressed two interesting issues: If a worker suffers an accepted right shoulder injury, and develops problems with the left shoulder from trying to protect the right shoulder, will the left shoulder injury be considered to be a work injury? One of the 2017 amendments to the Iowa workers’ compensation law changed the classification of a shoulder injury from a more valuable unscheduled injury to a less valuable scheduled injury. However ..read more

Under Iowa law, employees who develop complex regional pain syndrome from a work injury are entitled to receive loss of earning capacity damages. The Iowa Workers’ Compensation Commissioner entered an Appeal Decision on December 13, 2019, in the case of Griselda Perez-Avina v. Brenneman Pork, Inc. and Farm Bureau Property & Casualty Company that is a good example of how complex regional pain syndrome cases are analyzed. Ms. Perez-Avina worked as a laborer in the farrowing department of Brenneman Pork.  She injured her right hand on February 26, 2014, while assisting a sow that was giv ..read more

During my career I have seen many people who had very real and very serious work injuries make their cases unnecessarily difficult.  Here is a list of some of the most common problems that I have seen. Denying activities you actually perform outside of work. In most workers’ compensation cases, and especially for cumulative trauma cases, the insurance company will interview the Claimant.  One of the standard areas of questioning is about what type of activities a worker engages in outside of employment.  Sometimes an injured worker will deny that they have a second job, or that ..read more

Under Iowa law, injuries to body parts such as the head, neck, back, and hips were traditionally compensated based on their effect on a workers’ future earning capacity. Among the statutory changes that went into effect for injuries after July 1, 2017 was an amendment to Iowa Code Section 85.34(2)(v) which provides: “If a worker who is eligible for compensation under this paragraph (head, neck, back, or hip) returns to work or is offered work for which the employee receives or would receive the same or greater salary, wages or earnings than the employee received at the time of the injury, the ..read more

The Iowa Workers’ Compensation Commissioner entered an Appeal Decision on March 17, 2021 in the case of Baker vs. MSC Industrial Direct Co. and Ace American Insurance Co.  The Claimant was injured when a cabinet weighing between 750 and 1,000 pounds fell on him on April 17, 2017.  The Claimant’s main problems were headaches, thinking, memory and frequent seizure-like episodes.  The Claimant never returned to work after this injury.  The work comp insurance company directed the care in the case and the Claimant was seen by many health care providers.  The health care pr ..read more

The Iowa Workers’ Compensation Commissioner entered an Appeal Decision in the case of Kuehl v. Foley Company and CNA Insurance on February 3, 2021.  The case is an example of how work injuries that are impacted by psychological issues are handled in Iowa work comp law. The injured worker did not graduate from high school or obtain a GED.  The Claimant began working as a crane operator when he was 17 years old and continued in that profession for 30 years until he was injured in July of 2017.  The Claimant was climbing into an excavator when he slipped and fell about 3 to 5 feet ..read more

The Iowa Workers’ Compensation Commissioner filed an Appeal Decision on March 5, 2021 in the case of Brandt v. CRST Van Expedited, Inc. and Liberty Mutual Insurance Group.  The case is a good example of how eye injuries are handled under Iowa workers’ compensation law. The Claimant was born and raised in the Netherlands.  The Claimant was injured in June of 2013 while she was working as a semi-truck driver in the United States.   A bungee cord snapped, and the hook struck her directly in the right eyeball. Generally, the maximum recovery for injury to a single eye is 140 we ..read more

One of the most common type of case in Iowa workers’ comp is when a worker has preexisting back problems that are aggravated by his job duties.  As the Iowa Supreme Court has stated many times: “While a claimant is not entitled to compensation for the result of a preexisting injury or disease, its mere existence at the time of a subsequent injury is not a defense.  If the claimant had a preexisting condition or disability that is materially aggravated, accelerated, worsened or lighted up so that it results in disability, claimant is entitled to recover.” A recent example of the appli ..read more

Ashley Heinrich v. Area Ambulance Authority, Inc. and Accident Fund Insurance Co. of America is an Appeal Decision filed by the Iowa Workers’ Compensation Commissioner on December 18, 2020.  The Claimant quit her job and obtained new employment while her work comp case was pending.  Fortunately, the case turned out fine for the Claimant, but I have seen a lot of cases where leaving for a new job has a very negative impact on the case. The dangers of leaving a job while you have a work comp case pending are: To the extent the injury worsens or new problems are identified, the job cha ..read more