Smith Mills & Schrock

Iowa Workers Compensation Caselaw Update

Iowa Workers Compensation Caselaw Update

April 16, 2020 | Smith, Mills & Schrock Law |

Smith, Mills & Schrock Law successfully defended the case of McDougal v. Menard, Inc., File No. 5066644, April 15, 2020, before the Iowa Workers’ Compensation Commissioner. Claimant alleged a work related injury to her back as a result of her work duties. Defendants disputed claimant’s allegations based on prior medical evidence of lower back pain with radicular pain in the back of claimant’s leg and her lack of credibility in reporting the claim and her symptoms. The Deputy agreed with Defendants’ evidence that Claimant failed to meet her burden of a work related injury and claimant took nothing in the form of benefits.


Iowa Workers Compensation Caselaw Update

April 14, 2020 | Smith, Mills & Schrock Law | 

How to Successfully Utilize Functional Capacity Evaluations before the Agency:

Smith, Mills & Schrock law defended the case of Grugan v. Walmart, File No. 5063207, March 16, 2020, before the Iowa Workers Compensation Commissioner. Defendant appealed the Deputy Commissioner’s arbitration award finding Claimant had sustained 70 percent industrial disability as a result of a stipulated work injury to her back. Attorneys for the firm argued Claimant’s functional limitations did not significantly change following the work injury based on functional capacity evaluations performed before the work injury and following. Claimant contrasted these reports with testimony of an increase in her symptoms. However, the Agency agreed with Defendant’s expert that an FCE is an objective conclusion that should be given greater weight. Based on these arguments, the Commissioner reduced Claimant’s award from a 70 percent to a 35 percent industrial disability award for the work-related back injury. 


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