Iowa Supreme Court Addresses Work Comp Insurer, Third-Party Administrator Liability for Civil Damages

Legal Update by Attorney Alison Stewart Two recent Iowa Supreme Court decisions have addressed liability of workers’ compensation carriers and third-party administrators. In both cases, the Court declined to extend liability. Clark, et al v. Ins. Co. of the State of Penn., File No. 17…

Peddicord Wharton partners with SFM Insurance on Work Comp Seminar

Providing an in-depth look from a variety of angles at Iowa’s workers’ compensation laws, Peddicord Wharton attorneys partnered with SFM Insurance Companies to present a full-day seminar to SFM clients on May 10, 2019. The Peddicord firm is committed in helping to keep clients up-to-date on wo…

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 rule rendering certai…

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 the contract. The Cour…

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 PetitionPella Corp. v. Winn, File No. 17-1545, 2019 WL 156579 (Iowa Ct. App. Jan. 9, 2019) The Iowa Court o…

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 Sec…

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 agre…

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 district court. T…

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…

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 identifie…

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