Recent Agency Shoulder Decision: Smidt v. JKB Restaurants, LC

Legal Update by Attorneys Nicholas Cooling & Alison Stewart and Law Clerk Jordan Gehlhaar  Recently, Deputy Workers’ Compensation Commissioner William Grell issued an arbitration decision defining what constitutes the “shoulder” under Iowa law. One of the main issues was whether the claimant’s work injury...


Supreme Court of Iowa Supervisory Order – Coronavirus/COVID-19 Impact on Court Services Update

Legal Update by Attorney Tyler Smith and Law Clerk Jordan Gehlhaar  On May 22, 2020, the Iowa Supreme Court issued an order regarding the COVID-19 impact on court services. On May 26, 2020 the Iowa Judicial Branch released an updated summary of modifications to...


Attorneys Hook and Smith win case at the Supreme Court of Iowa: Anita Gumm v. Easter Seals

On Friday, May 1, 2020, the Supreme Court of Iowa issued its decision in Anita Gumm v. Easter Seals, in which the Supreme Court agreed with the arguments that had been extensively briefed and then argued by attorneys Lee Hook and Tyler Smith on...


Iowa COVID-19 FAQs

Legal Update by Attorneys Alison Stewart & Steve Durick 1.  Is a positive COVID-19 diagnosis a compensable work injury? In Iowa there is not a black and white answer about compensability relating to the coronavirus. These claims must be evaluated on a case by case basis. Iowa is a combination between positional...


March 11, 2020: Iowa Legal Update

Legal Update by Attorneys Nick Cooling & Alison Stewart Iowa Workers’ Compensation Commissioner Responds to Coronavirus On Friday, March 13, 2020, Iowa Workers’ Compensation Commissioner Cortese filed an Order responding to Coronavirus concerns. In-person hearings will be suspended beginning March 18, 2020 and continuing through June 16, 2020. During...


January 2020: Workers' Compensation Update

Legal Update by Attorney Alison Stewart Happy New Year from Peddicord Wharton! Here is what’s new in Iowa: The Iowa Court of Appeals recently affirmed a favorable agency decision in Harrod v. Advance Services, Inc. and Ace American Insurance Company. The case...


Iowa Workers’ Compensation Commissioner Has Implemented an eFiling System

Legal Update by Attorneys Alison Stewart and Nick Cooling A new electronic filing system has been implemented beginning July 22, 2019. The new system is known as Workers’ Compensation Electronic System, or WCES (pronounced “wick-ess”). The system will provide for electronic filing of all pleadings and documents with...


Iowa Supreme Court Addresses Standards for Employment Discrimination Claims

Legal Update by Attorney Clarissa Bierstedt In the case of Hawkins v. Grinnell Regional Medical Center, a terminated employee (Hawkins) sued his former employer (Grinnell) alleging they discriminated against him because of his age and his disability – i.e., his status as a cancer patient. Grinnell...


The Iowa Court of Appeals Revisits Basis of Cumulative Injury Claims in the Context of Successive Injuries

Legal Update by Attorney Tyler Smith Gumm v. Easter Seal Society of Iowa, File No. 18-1051 (Iowa, May 15, 2019) The issue in this case involved whether a claimant, after sustaining a traumatic, acute injury, is allowed to bring a cumulative injury claim with regard ...


Iowa Supreme Court Addresses Work Comp Insurer, Third-Party Administrator Liability for Civil Damages

Legal Update by Attorney Alison Stewart Two recent Iowa Supreme Court decisions have addressed liability of workers’ compensation carriers and third-party administrators. In both cases, the Court declined to extend liability. Clark, et al v....


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