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
Iowa Workers' Compensation Lawyer Blog
Blog Authors
Latest from Iowa Workers' Compensation Lawyer Blog
BILATERAL SHOULDER INJURIES IN IOWA WORKERS’ COMPENSATION
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:
…
COMPLEX REGIONAL PAIN SYNDROME IN WORK COMP LAW
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…
WHAT NOT TO DO IF YOU GET INJURED AT WORK
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.
…
HOW TO MEASURE WHETHER A WORKER’S SALARY, WAGES, OR EARNINGS WENT UP OR DOWN AFTER AN INJURY
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…
TRAUMATIC BRAIN INJURY CASES IN IOWA WORKERS COMPENSATION
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,…
PHYSICAL INJURIES IN IOWA WORK COMP WHICH HAVE A PSYCHOLOGICAL COMPONENT
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…
EYE INJURIES IN IOWA WORKERS’ COMPENSATION CASES
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…
AGGRAVATION OF PREEXISTING BACK PROBLEMS IN IOWA WORKERS’ COMPENSATION CASES
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…
QUITTING YOUR JOB DURING A PENDING WORK COMP CLAIM IS DANGEROUS
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…