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Iowa Workers' Compensation Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Iowa on
Q: What is Required/ consist of, to file appeal on an Arbitration Decision for workers compensation case in Iowa.

An Arbitration Decision by Deputy Commisioner on a Workers Compensation Case that needs to be reconsidered what all must I include or what does an appeal of this type consist of?

Mindi Vervaecke
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answered on Mar 12, 2024

This is governed by Iowa Administrative Code 876-4.27 and 4.28 and 4.30.

Please note there is a short deadline to appeal.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I have been mowing a ladies lawn cut trees down for her trimmed trees for 2 years without being paid can I put a lien
Erik Luthens
Erik Luthens
answered on Nov 9, 2023

Did you have a written agreement with the property owner for compensation? Did you have any type of an agreement? Have you invoiced the property owner for your services?

1 Answer | Asked in Workers' Compensation for Iowa on
Q: I went to the er was diognosed with pnumeuoitis and accute bronchitis employer won't do anything wants my er visits reco

Tells me a first report can't be filed until I release the er report it's been 4 days and I'm suffering

Mindi Vervaecke
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answered on Aug 8, 2023

If you are making a work comp claim for these conditions they have a right to see the records to make sure it is work-related. They may ask you to sign a medical release so they can get the records. This is normal procedure and it’s ok to sign a medical release only.

2 Answers | Asked in Business Law, Employment Law, Workers' Compensation and Civil Rights for Iowa on
Q: Work comp not returning phone calls? Can employees yell out private information about an employee?

Employees yelling out private information when oneself has not been informed by their employer?

T. Augustus Claus
PREMIUM
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answered on Jul 25, 2023

If workers' comp isn't returning your calls, it's time to give 'em a nudge. They're supposed to be responsive to your concerns, so don't be shy about insisting on the attention you deserve. If they keep ignoring you, we might need to explore some legal avenues to get... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Iowa on
Q: I was harassed, manipulated, put in a situation that caused me to work so hard my hands turned into balloons.
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Sorry to hear that you had this problem. Workplace injuries are covered by Worker's compensation laws and you could file a claim. You should consult with a local Worker's Compensation attorney, sometimes called Workman's Comp. I am not sure what the designation is in your locality.... View More

2 Answers | Asked in Workers' Compensation for Iowa on
Q: I have filed a work comp. Claim 10 months ago. Was told any work missed due to injury is on my own attendance. True?
Erik Luthens
Erik Luthens
answered on Feb 17, 2023

If you miss work time due to a compensable work related injury, your employer (or its worker’s’ compensation insurance carrier) should be timely paying you temporary, partial disability (TPD) benefits.

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1 Answer | Asked in Workers' Compensation and Employment Law for Iowa on
Q: I have a torn Bicep labrum for 10 months now & being told I have to use my own points if I miss work due to pain from it

Points = my attendance for my works compensation accident.

Erik Luthens
Erik Luthens
answered on Feb 16, 2023

If your torn bicep is due to a work related injury, you need to immediately pursue a worker’s’ compensation claim. If the injury isn’t work related, you should inquire as to whether you are eligible for FMLA time.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Are my lawyers entitled to part of the settlement pertaining to late workers comp payment penalties and future medical?
Erik Luthens
Erik Luthens
answered on Dec 16, 2022

Your lawyers are entitled to receive a portion of anything that they, through their efforts, obtained for you pursuant to the attorney fee agreement.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: Temporary benefits reinstated

I have a pinched nerve in neck that 3 Drs have put in writing that it’s work related one being their own doctor also they tried everything to fix it but without accepting the claim now their doctor recommended disc replacement after that insurance company has went non responsive will not answer... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 14, 2022

Probably, it all depends on the record you made. Stop thinking they care about you as a person. To them you are the product. Similar to how Facebook sees you as the product.

2 Answers | Asked in Workers' Compensation for Iowa on
Q: Is a MMI required for every workers comp case? Dr. Released me with a 5 lb restriction and no over the head lifting?

He released me without addressing restrictions how does that work? Last restrictions was that above. Then referred me to Cervical Spine Dr. Then neck Dr says my injury is workers comp issue. Recommends surgery. But insurance says not work related due to degenerative arthritis but spine Dr and 2 of... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 8, 2022

Since July 1, 2017 you don’t have a chance to win without a lawyer, but finding one is not all that easy. When and how, when and how? What no injured worker seems to appreciate is how they are viewed by the authorized treating physicians. You are the product, not the client. The doctor doesn’t... View More

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1 Answer | Asked in Workers' Compensation for Iowa on
Q: I have 2 pinched nerves from lifting cases of product. I am a truck driver that delivers and unloads my product.

Dr says it’s from degenerative arthritis but was no problem until I was unloading my truck one day. Now my right shoulder and arm go numb.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 10, 2022

Another fake opinion and fake denial. Gee, I wonder why?

Most of the authorized treating physicians are handpicked by the insurance company. That creates a conflict of interest and a bias against the injured worker. Because the injured worker is not the doctor's client or the customer;...
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1 Answer | Asked in Workers' Compensation for Iowa on
Q: Had a neck claim denied and shoulder claim accepted but after 4 months shoulder doctor says mri was normal for shoulder.

Shoulder Dr referred me to Cervical spine Dr and they have been treating neck does this mean it’s been accepted?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 8, 2022

No. Not accepted unless you have a letter from the insurance adjuster that says it is an accepted claim.

They don't want to accept the claim because it will entitle you to industrial disability (a higher benefit). Iowa workers' compensation has become a game of one denial after...
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1 Answer | Asked in Workers' Compensation for Iowa on
Q: I work for wal mart and I hurt my back pulling pallets of dog food,I have a broken disc in my lower back

I have gone to there dr.,I have done physical therapy,i have had an mri done,I have to have back surgery,the dr. found a dr. in iowa city,but work comp says I have to go to there dr.,I told them I have no way to get to iowa city,I have been getting a regular work comp. check .I have received no... View More

Erik Luthens
Erik Luthens
answered on May 4, 2020

You should be timely reimbursed for round trip to mileage to all doctors that are approved by the w/c insurance company. This is not a "do-it-yourself" project- I strongly recommend that you immediately contact an Iowa attorney who handles workers' compensation claims for claimants... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Iowa on
Q: I dont want to say too much at unemployment fact finding interview and ruin the osha retaliation investigation. How do I
Erik Luthens
Erik Luthens
answered on Dec 23, 2019

You should immediately consult with an Iowa attorney who specializes in employment law.

1 Answer | Asked in Workers' Compensation for Iowa on
Q: A previous employer still hasn't paid me, it's been 6 months. What can I do? I was told to seek a worker's comp lawyer.

I started working for a person as a dispatcher. It's been 6 months and she is now saying I was an "independent contractor" which was never discussed. She has yet to pay me what is still owed. She also has done this to another lady as well stating that the other lady is an... View More

Erik Luthens
Erik Luthens
answered on Nov 7, 2019

If you were working in Iowa or for an Iowa based company, you should immediately contact an Iowa attorney who handles workers’ compensation and employment law matters.

2 Answers | Asked in Workers' Compensation for Iowa on
Q: My husband was injured at work and is on workers cop. He has not been able to drive. Who should have to pay for a taxi?

I have been driving him everywhere but have to be out of town all weekend for work.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 26, 2019

The employer and its workers' compensation insurer are responsible for transportation costs for medical appointments. They are not otherwise required to provide transportation.

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1 Answer | Asked in Workers' Compensation for Iowa on
Q: I injured my elbow and shoulder at work as a drywall finisher ,they denied it simply because I was off on the exact date

I do have a lawyer and it was filed before july 2017 ,and had surgery on both elbow and shoulder ,with a very good chance I won't be able to continue drywalling im worried for me and my daughter ,,about what the chances of me not only losing case ,,but my job as well I'm 43 and... View More

Erik Luthens
Erik Luthens
answered on Sep 18, 2018

Since you already have an attorney, I suggest that you schedule a mutually convenient appointment with him / her (rather than randomly calling on the phone) to fully discuss all of the concerns you have with your claim. This will allow both you and your attorney to be prepared to have a meaningful... View More

1 Answer | Asked in Workers' Compensation for Iowa on
Q: My husband had a workers comp lawsuit. It was settled out of court. Would there be a case number.
Erik Luthens
Erik Luthens
answered on May 22, 2018

Yes. Contact: Iowa Workforce Development (Division of Worker's Compensation), 1000 E. Grand Avenue, Des Moines, IA 50319. Tel: (515) 725-4120

2 Answers | Asked in Workers' Compensation for Iowa on
Q: I broke my ankle at work..hit by a fork lift. The company okd my surgery..but now my claim is denied..how and why?

Im a new hire have been on the job approximately 6weeks. How can they ok the surgery then deny the claim?

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 28, 2018

There are many ways or reasons why an employer's workers' compensation insurer can or will deny a claim. This forum is no place to discuss the issues, as you have no attorney-client privilege here. Call our office on Monday and we can discuss if you have a claim we would accept.

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2 Answers | Asked in Workers' Compensation, Constitutional Law and Federal Crimes for Iowa on
Q: how is the workers compensation commission legally defined;a branch of government or a private enterprise?
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 14, 2018

A governmental agency. Administered by State laws (the Iowa Code), State agency rules (The Iowa Administrative Code) and legal precedent (meaning case law).

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