Idiopathic Fall Legislative Update

Legal Update by Attorney Alison Stewart

Governor Reynolds has signed a bill relating to workplace idiopathic falls (SF 507). This bill has become law in response to the 2018 Iowa Supreme Court decision, Bluml v. Long John Silvers, where the Court said there was no blanket...


Attorney Bierstedt Obtains Summary Judgment of Breach of Contract Claim

Attorney Clarissa Bierstedt obtained summary judgment and complete dismissal of a breach of contract claim filed against her client. In her motion for summary judgment, she argued that the plaintiff failed to prove the existence of a contract or the essential terms of...


Recent Work Comp Decisions by Iowa Court of Appeals

Legal Update by Attorney Alison Stewart

Recently, the Iowa Court of Appeals handed down some decisions relating to workers’ compensation.    

Timely Filing of a Review-Reopening Petition
Pella Corp. v. Winn, File No. 17-1545, 2019 WL 156579 (Iowa Ct. App. Jan. ...


Alison Stewart Speaks at ABA's Employment Law Conference

Attorney Alison Stewart was one of three panelists for a session at an American Bar Association conference Friday, February 15 in Coral Gables, Florida. Their topic was: Direct and Cross-Examination of Physicians in the Workers' Compensation Context. The conference was part of the ABA's Section of...


Attorney Tuttle Successfully Defends Personal Injury Lawsuit

Attorney Marshall Tuttle successfully defended a personal injury lawsuit at trial in which the Plaintiff claimed injuries and damages arising out of a motor vehicle accident. Admitting liability, the defendant ran a traffic light and collided with the plaintiff’s vehicle. However, the Jury agreed ...


Iowa Supreme Court Dismisses Appeal for Failure to File Timely Notice

On January 18, 2019, the Iowa Supreme Court, in Evenson v. Winnebago Industries, Inc., No. 17-1419 (Jan. 18, 2019), issued a finding that the Court was without subject matter jurisdiction to hear an appeal due to the claimant’s late filing of the notice of appeal with the...


Firm Achieves Summary Judgment and Complete Dismissal of Professional Liability Lawsuit

Attorneys Jack Wharton and Clarissa Bierstedt achieved summary judgment and complete dismissal of a professional liability lawsuit. Plaintiff brought a negligence claim against an insurance agency alleging it failed to procure appropriate insurance coverage for the Plaintiff. We successfully argued the Plaintiff’s...


Iowa Workers' Compensation Commissioner Deputy Applies Upper Extremity Rating to Shoulder

 Legal Update by Attorney Alison Stewart

In a recent decision by Iowa Workers’ Compensation Deputy Erin Pals, Reiter v. Incorporated City of Remsen, the agency determined it is appropriate to apply the upper extremity functional rating to shoulder injuries now that shoulders have been identified as a...


Iowa Supreme Court Reexamines Employer’s Authorization Defense

Legal Update by Attorney Kathryn Johnson

In a 6-1 decision, the Supreme Court in Brewer-Strong v. HNI Corporation, 913 N.W.2d 235, (Iowa, 2018), held as matter of first impression, an employer could regain control of the employee’s medical care and assert an authorization defense, even though the...


Iowa Supreme Court Addresses Compensability of Idiopathic Falls

Legal Update by Attorney Alison Stewart

On November 16, 2018, the Iowa Supreme Court issued a ruling addressing the compensability of idiopathic falls. Previously the Court said, “The workers’ compensation statute is not a general health insurance policy that extends to all injuries that happen to...


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