Iowa Court of Appeals Rules on Workers’ Compensation Matters

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar The Iowa Court of Appeals recently addressed workers’ compensation benefits, causation, and penalties in Regional Care Hospital Partners Inc. v. Marrs. Claimant Marrs injured her back and neck while working as a n…


Iowa Supreme Court Rules on Gross Negligence Against Co-Employees

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar The Iowa Supreme Court recently released an opinion in Terry v. Dorothy, ruling on a gross negligence claim against a co-employee. In October of 2015, Brian Terry, an employee of Lutheran Services in Iowa, sustained se…


Chavez v. MS Technology Shoulder Decision

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar In Deng v. Farmland Foods, it was determined that “shoulder” under § 85.34(2)(n) is not limited to the glenohumeral joint, and at least includes the muscles that make up the rotator cuff. Our brief…


Recent Appeal Decision Expands the Definition of the Shoulder

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar A recent Commissioner Appeal Decision in Deng v. Farmland Foods, Inc., Workers’ Compensation Commissioner Joseph Cortese II determined that the Iowa Legislature intended “shoulder” in section 85.34(2)(n) to encompass mor…


Recent Agency Decision and Hearing Update

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar The Court of Appeals Rules on Commutation of Workers’ Compensation Benefits In VanGetson v. Aero Concrete, LTD & Westco Ins. Co., Claimants filed arbitration petitions with the workers’ compensation commissioner in…


Recent Agency Decision: Zachary Martinez v. Pavlich, Inc. & National Interstate Insurance

Legal Update by Attorney Alison Stewart and Law Clerk Jordan Gehlhaar On July 30, 2020, Workers’ Compensation Commissioner Joseph Cortese II issued an appeal decision in Martinez v. Palvich, Inc. & National Interstate Insurance. Joseph Martinez was injured on April 16, 2018 while hauli…


UPDATE: Supreme Court of Iowa COVID-19 Impact on Court Services

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 court procedures and judici…


Iowa COVID-19 Legislation

Legal Update by Attorney Alison Stewart On June 18, 2020, Iowa Governor Kim Reynolds signed into law a piece of legislation relating to premises liability immunity for COVID-19 exposure, known as Senate File 2338. The Iowa House had previously passed this legislation. The legislation original…


Premises Liability Case Law Update

Legal Update by Attorney Clarissa Bierstedt On June 5, 2020, the Iowa Supreme Court issued a Ruling in the case of Debra Gries v. Ames Ecumenical Housing, Inc. d/b/a Stonehaven Apts. In the case, Plaintiff, Debra Gries, claimed she slipped and fell on an icy sidewalk outside her apartm…


Medical Malpractice Case Law Update

Legal Update by Attorney Clarissa Bierstedt On March 12, 2020, the Iowa Supreme Court issued a ruling in the medical malpractice case of Sharon Susie and Larry Susie v. Family Health Care of Siouxland, P.L.C. et al. In this case, the plaintiff, Sharon Susie, lost an arm and toes due to …


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