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 Attorney Alison Stewart 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 for 29.6 percent indu…

September/October Case Law Update

By Attorney Alison Stewart 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 (2)(p) because it on…

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 …

Shoulder Combined with Scheduled Member Compensated Industrially Under ‘Catch All’ Provision

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar In August of 2018, Claimant Carmer sustained an injury to her right shoulder while working for Nordstrom, Inc. The employer accepted liability for the right shoulder injury. Carmer underwent a right shoulder surgery and reac…

Iowa Court of Appeals Rules on IME Reimbursement

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar Iowa Code section 85.39 provides, in part, that: (1) an injured employee shall submit for a medical examination at no cost to them when directed by their employer, and (2) if a permanent disability determination is made …

Save the Date - 2021 Virtual NWCDN Annual Conference

SAVE THE DATE 2021 Virtual Annual Conference Presented by: National Workers’ Compensation Defense Network ~ Today's Trends & Tomorrow's Solutions – The COVID Conundrum ~ Wednesday, November 10, 2021 Begins at 10:00 a.m. CST Full Day of Programming This…

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