The Iowa Workers’ Compensation Commissioner filed a recent appeal decision in the case of Michael McBurney v. Agri Star Meat & Poultry.

Mr. McBurney’s claim was that he was knocked down by a fork lift and suffered a low back injury.

The Employer and Workers’ Compensation Insurance Company defended the case based on the following arguments:

We have added a new section to our website discussing a workers’ eligibility for healing period benefits if they are laid off or terminated.

Under Iowa workers’ compensation law an injured employee is entitled to receive healing period benefits if they are laid off or if their place of employment closes until the injured employee reaches maximum medical improvement.

If a worker is terminated after they are injured, they are generally eligible to receive healing period benefits until they reach maximum medical improvement.

We have added a new section to our website concerning light duty issues in Iowa work comp cases.  The topics relating to light duty work include:

  1. Employees being given light duty work that is too hard for their work restrictions.
  2. Situations where an employee is entitled to receive wages for light duty work and also receive workers’ compensation temporary partial disability benefits.

Unfortunately, employers and work comp insurance carriers end up filing for bankruptcy.  We have added a new section to our website that talks about the two main variations of this problem and how our law firm deals with them.

The first situation is where an employer files for bankruptcy while having a work comp insurance policy that has a very high deductible.  Our law firm has successfully argued that Iowa law makes both the employer and the insurance carrier jointly and severally responsible for all of the workers’ compensation liability, including the deductible.  Therefore, our law firm has been successful in persuading reluctant insurance companies to pay the entire claim.

The second problem area is when the workers’ compensation insurance carrier becomes insolvent.  The insolvency of the insurance company does lead to delays. However, the Iowa Insurance Guaranty Association does step in to cover for the insolvent insurance company.  Our law firm has had good success in dealing with the Insurance Guaranty Association.

We have added a new section to our website that covers trials in Iowa work comp cases.  The section talks about how our lawyers handle the major recurring issues in Iowa work comp trials, that include:

  1. Was there an employer-employee relationship?
  2. Did the worker sustain an injury which “arose out of and in the course of” employment?

Our website has a new section that discusses the Iowa work comp law relating to permanent total disability.  The new section covers:

  1. The general law on permanent total disability cases.
  1. How older workers frequently are more likely to receive a permanent total disability award.

Under Iowa workers’ compensation law most of the injuries that occur to a truck driver while he is on the road will be considered to be a work injury which entitles the truck driver to work comp benefits.

Truck driving is very strenuous and dangerous work.  Truck drivers can be injured in a wide variety of ways, and many of the injuries are very serious.  Additionally, the legal issues surrounding work comp injuries to truck drivers are very complex.

We have added a new section to our website that discusses the many issues that come up in workers’ compensation litigation involving truck drivers, including:

lCNAs have very physically demanding jobs that lead to a wide variety of work injuries.  We have posted a new section in our website discussing Iowa workers’ compensation cases involving injuries to CNAs.

The new section talks about causes of workers’ compensation injuries to Certified Nursing Assistants.  This section also deals with the recurring issue of aggravations of pre-existing injuries in CNA cases.  This section also discusses the Iowa law that determines the amount of work comp benefits that an injured CNA is entitled to receive.  You can view the new section on CNA injuries here.

If your employer or insurance carrier rejects or denies your workers’ compensation claim you do have options. Some claim denials are certainly valid. However, in other situations the denial of the claim is incorrect and you are actually entitled to receive work comp benefits. Our lawyers regularly review the rejected cases of injured workers. In many of these cases we are able to obtain weekly benefits and medical care for our clients. Here are some of the more common reasons that workers’ compensation cases are denied:

1. Aggravation of a pre-existing condition.

2. Disagreements over whether the injury actually occurred at work.