Under Iowa law two of the factors that the Workers’ Compensation Commissioner take into account in assessing the extent of work injuries are the motivation of the injured claimant to return to work and the credibility of the injured worker. The recent September 24, 2018 work comp appeal decision of Marshall v. Menard, Inc. and Praetorian Ins. Co. provides a good example of how poor motivation to return to work and credibility problems can limit the amount of damages awarded to an injured worker.
In the Marshall case the claimant was 55 years old at the time of hearing. She had training in hair design and as a medical assistant. Her work history included working on the family farm; working in the Players Club area of a casino; working in hospitals and dental offices; working at a 911 center; and working as a Juvenile Correctional Officer at a Juvenile Detention Center.
Prior to the injury the claimant was in very good physical condition.