The Other Two Parts of the Worker’s Burden of Proof

Prior posts have stated that a workers’ comp claimant has the burden of showing four things in order to obtain an award of compensation: (a) employment; (b) injury; (c) the injury arises out of employment; (d) the injury occurred in the course of employment.  These last two elements are considered the “core” of workers’ compensation […]

The “Injury” Element in a Workers’ Compensation Case

As stated in an earlier blog, a worker has the burden of showing four things to establish a right to compensation for work injury—(a) employment; (b) injury; (c) that the injury arose out of the employment; and (d) that the injury occurred in the course of employment.  This blog focuses on the “injury” element. This […]

Truckers and Workers’ Compensation

In a typical year in Iowa, there are 40 to 60 work fatalities—work injuries in which the worker loses his or her life.  The majority of these major incidents are motor vehicle crashes on highways, and a high percentage of the victims are truckers.  There are millions of miles driven by truckers in Iowa every year, and […]

Police and Firefighters, and Our Workers’ Compensation Court

Full-time police or firefighters are not compensated for work injury under Chapter 85 of the Iowa Code.  Because of the special demands of these types of public employment, Iowa has established a combined retirement and disability system administered by a special board that is much different than the workers’ compensation court.  Let’s start with a […]

Agriculture and Workers’ Compensation

In this heavily agricultural state of ours, people injured while working in agriculture were exempt from the workers’ compensation law until only a few years ago, when the legislature changed the law.  Here is the state of the law following that removal of the very broad agricultural exemption.  First, there is still a large group […]

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