Articles Posted in Strategy Advice

Under Iowa workers’ compensation law there are two ways in worker injured by COVID-19 can recover work comp benefits.  The choice of method depends on whether the injury developed from a prolonged and passive exposure; or whether the infection was linked to a sudden, specific incident of exposure.

If a worker is injured as a result of a sudden and specific incident of exposure then the claim is handled as a regular workers’ compensation injury under Chapter 85.

If the injury is found to have developed from a prolonged and passive exposure, then the remedy is under Iowa Code Chapter 85A which deals with occupational diseases.

On February 5, 2020 Deputy Workers’ Compensation Commissioner Michelle McGovern issued an arbitration decision in the case of Chavez v. MS Technology, LLC and Westfield Insurance Co.  This is one of the first cases to interpret the new Iowa work comp law concerning shoulder injuries and a new requirement that injured workers must satisfy in order to receive industrial disability/loss of earning capacity damages.

The Claimant was 61 years old and had worked for her employer cleaning labs since 2010.

The Claimant injured her right shoulder on February 5, 2018 while squeezing water out of a mop with a broken ringer system.

The Iowa Workers’ Compensation Commissioner filed an Appeal Decision in the case of Mynor Ferrez v. Wyckoff Heating & Cooling and LeMars Insurance Company.  This case is a good illustration of the importance of following up and pursuing a workers’ compensation claim quickly.

In May of 2014 the claimant was 35 years old and working as a heating and cooling technician for Wyckoff Heating & Cooling.  His main job was installing air conditioning systems in new commercial buildings.

On May 21, 2014 the claimant tripped and fell down a flight of stairs.  The claimant had low back and right shoulder pain after the fall.  The claimant went to the doctor a few times, but then returned to his regular duties without pursuing additional medical care.  The claimant was terminated from his job on October 10, 2014.

The Iowa Workers’ Compensation Commissioner filed an appeal decision on January 10, 2020 in the case of Sherilyn Fasig Snitker v. Birdnow Enterprises, Inc. d/b/a Birdnow Motors and Seabright Insurance Co.  The case is an example of how an injury will be compensated differently for someone that does physical labor versus someone who has a lighter duty job.

The claimant worked as a car salesperson.  She injured her low back on February 8, 2013 when she fell on the car lot.

The claimant underwent six weeks of physical therapy that did not help her condition.  She then had an MRI which showed a number of problems in the lumbar spine.

The Iowa Workers’ Compensation Commissioner filed an interesting appeal decision on November 1, 2019 in the case of Peckham v. Roberts Construction and Auto Owners Insurance Group.  The claimant was helping to build a home addition when he fell from an elevated position on July 6, 2013 and suffered severe injuries to his ankles and knees that required surgery.

The case went to trial in front of a Deputy Workers’ Compensation Commissioner.  The Deputy found that the claimant’s knee and ankle injuries constituted bilateral leg injuries.  The bilateral injuries needed to be assessed pursuant to Iowa Code Section 85.34(2)(s) and were worth a maximum of 500 weeks of permanent partial disability benefits.  The Deputy found that the worker had suffered a 20% whole person impairment from his ankle and knee injuries and therefore was awarded 100 weeks of permanent partial disability benefits.  (500 weeks x 20% = 100 weeks).

The Deputy found that the claimant did not prove that he had suffered injuries to his back or hips.

The Iowa legislature enacted a number of new work comp laws that took effect on July 1, 2017.  See here for a summary of the new laws. These new laws apply to injuries that occur on and after July 1, 2017.

A number of cases in which the new laws apply have been tried at the Deputy Commissioner level.  The case of Reiter v. Incorporated City of Remsen and EMC Insurance involves a stipulated shoulder injury.  The Reiter case interprets and applies two of the legal changes.

The first change is Iowa Code Section 85.34(2)(x) which provides: