Our firm has a team dedicated to workers’ compensation and all of the interrelated issues pertaining to workers with health care issues. Our team has extensive experience defending workers’ compensation claims at the pre-litigation counseling and investigation stage through all stages of the litigation and appeal process. We provide assistance with investigations of questionable claims, defense of both alternate medical care and indemnity cases, and resolution of high exposure claims. Our team members work with union and non-union employers, self-insured employers, insurance carriers and TPAs for both private and public employers throughout the state of Iowa.
In conjunction with the labor and employment relations aspects of practice, we assist employers with ancillary concerns tied to workers' compensation claims, including return-to-work issues, terminations, ADA, FMLA, COBRA, OSHA and HIPAA concerns. We also have experience defending against bad-faith claims, unemployment claims, wrongful discharge claims, subrogation and Medicare/Medicaid issues that arise during the defense of a workers’ compensation case.
We understand that each client has unique goals during the pendency of a litigated or non-litigated workers' compensation case. We evaluate each matter on a case-by-case basis to determine the optimal result for our clients whether by way of settlement or litigation. In addition, we hold training sessions with our clients to educate them on how to minimize the risks associated with future workers’ compensation matters and legislative changes which affect all employers in Iowa.
Representative Projects
- Successfully defended a national employer against companion workers’ compensation and retaliatory discharge claims. The Iowa Workers' Compensation Commission concluded the injured worker was not entitled to any additional benefits and there was an actual overpayment of benefits by the employer resulting in a credit in favor of the employer to be applied to future injuries. The decision was ultimately upheld on appeal by the Iowa Court of Appeals. Following the administrative ruling, the Iowa District Court for Polk County granted summary judgment on the retaliatory discharge claim. Both decisions were upheld on appeal.
- Defended complex and multi-faceted claims of physical and mental traumas by a maintenance employee against his industrial employer resulting in a complete denial of claims following a hearing before an administrative law judge and subsequent affirmation of the denial upon appeal before the Iowa Workers’ Compensation Commissioner.
- Efficiently obtained a voluntary dismissal of claims against a vehicle component part manufacturer due to inadequate legal grounds to pursue claims before the Iowa Workers’ Compensation Commission.
- Effectively defended employer/insurer at a hearing seeking alternate medical care in a number of forms, including an order requiring reimbursement of mileage within a specified period, handling of authorized prescriptions and provision of same, and seeking specific additional care. Following the hearing, all requests for alternate care were denied.
- Defended a local employer against multiple fraudulent workers’ compensation claims resulting in significant unauthorized medical expenses and a claim for penalty benefits. In addition to a finding of no liability against the employer, the Iowa Workers’ Compensation Commissioner issued a ruling specifically noting the employee and his witnesses were not credible.