Iowa Work Comp Prosthetic Legislation Update

Legal Update by Attorney Alison Stewart and Law Clerk Tori Biggerstaff Governor Reynolds signed a bill relating to injured workers’ entitlement to prosthetic device needs as a result of work-related injuries. (H.F.2411). An Act Relating to Replacements of Permanent Prosthetic Devices for Injured Wo…


Iowa Court of Appeals Construes a Defendant’s Scope of Liability

Legal Update by Attorney Tyler Smith and Law Clerk Jordan Gehlhaar The Iowa Court of Appeals just ruled on the scope of liability in Ross v. Walker. On a foggy evening, while traveling westbound in the right lane of Interstate 80, a driver attempted to make a left-handed U-turn across a median. H…


Iowa Supreme Court Interprets “Shoulder” as a Scheduled Member

Legal Update by Attorneys Alison Stewart and Tyler Smith, and Law Clerk Jordan Gehlhaar Significant debate has stemmed from the legislature’s addition of the “shoulder” to Iowa Code Section 85.34(2). The Iowa Supreme Court settled this debate, in part, in their recent decisions, Chavez v. M.S. Tech…


The “Eggshell Plaintiff Rule”: What is it and how can it affect your case?

Legal Update by Attorney Marshall Tuttle and Law Clerk Jordan Gehlhaar Iowa Uniform Jury Instruction 200.34 is titled “Previous Infirm Condition” and reads:  If plaintiff had [a] condition making [them] more susceptible to injury than a person in normal health, then the defendant is responsible for…


Workers' Compensation Update

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar The Iowa Court of Appeals and the Workers’ Compensation Commissioner recently ruled on several important workers’ compensation topics:Compensation when Shoulder Injury is Combined with another Scheduled Member Injury Commissione…


2021 Year-End Workers’ Compensation Update

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar Happy Holidays from Peddicord Wharton! We have a few recent updates concerning workers’ compensation matters: Commissioner Cortese filed the most recent supervisory order concerning COVID-19 impact on November 29, 2021. All in-…


Could Iowa’s Cannabis and Marijuana Laws Affect Your Workers’ Compensation Case?

Legal Update by Attorneys Alison Stewart and Chris Spencer, and Law Clerk Jordan Gehlhaar Use of medicinal cannabis is legal in narrow cases in Iowa. The Medical Cannabidiol Act was first passed in 2014 and has historically been very restrictive and slow to expand. Today’s Act provides that indivi…


Agency Rules on Apportionment, Employer’s Right to Credit

By Attorneys Alison Stewart and Nick Cooling, and Law Clerk Jordan Gehlhaar Recent arbitration decision, Rife v. P.M. Lattner Manufacturing Company, reviewed apportionment of disability and an employer’s right to a credit. The issue in this case was whether the employer was entitled to a credit fo…


September/October Case Law Update

By Attorneys Alison Stewart and Nick Cooling and Law Clerk Jordan Gehlhaar The issue in Masterbrand Cabinets, Inc. v. Simons was whether a tear of the claimant’s right quadriceps tendon was a scheduled injury of the leg or a whole body injury. The employer argued this was scheduled under 85.34 (…


Register Today - 2021 Virtual Annual Conference on Workers' Compensation

Today's Trends & Tomorrow's Solutions – The COVID Conundrum Wednesday, November 10, 2021Virtual - 10:00 am - 2:00 pm CSTComplementary Conference Presented by the National Workers’ Compensation Defense Network in partnership with the WorkersCompensation.com Center for Education Excellence …


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