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OUR COVID-19 UPDATE

April 14, 2020 | Smith, Mills & Schrock Law

Smith, Mills & Schrock Law will continue to provide uninterrupted legal services to our client community. COVID-19 is having a major impact on employers, governments and families around the world. We will continue to offer our clients resources and analysis to help in the decision-making process as this pandemic spreads. We can offer assistance with all workers' compensation related matters, employment-related issues and advice on any coronavirus business-related questions.

We are always available for you and invite you to contact us at any time. Almost all firm employees are working remotely.  Our digital based operations, firm issued laptops, smart phones, and hot spots have allowed for a seamless translation to a remote office desktop. Only essential personnel are scheduled to work at the office during limited times to only handle vital tasks to continue the day-to-day business activity.

Our commitment toward uninterrupted and excellent services to our client community is stronger than ever.

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. 

 

Excited to Announce WoCo University, an 8-week course on Iowa Workers’ Compensation!

June 28th, 2019 | Smith, Mills & Schrock Law 

Smith, Mills & Schrock Law is excited to announce WoCo University, an in-depth workers' compensation law course, starting July 10 at our new Smith, Mills & Schrock Law training center in West Des Moines. Learn More.

 

Announcing Michael Lunn's New Position

February 5th, 2019 | Smith, Mills & Schrock Law 

Smith, Mills & Schrock Law is happy to announce that our attorney, Michael Lunn, has accepted a position as a Deputy Workers’ Compensation Commissioner with the Division of Workers’ Compensation. He will begin this role on February 18th, 2019. Learn More.

Is Medical Marijuana Considered a Reasonable Treatment Modality in Workers’ Compensation?

January 18th, 2019 | Valerie A. Foote 

With medical marijuana being legalized in an increasing number of states, it was only a matter of time before requests for the same began to crop up in workers’ compensation cases. Learn More.

Welcoming Britney and Rachael to the Smith, Mills & Schrock Team

January 9th, 2019 | Smith, Mills & Schrock Law 

Smith, Mills & Schrock is happy to announce that Rachael Irlbeck and Britney Steele have joined the the firm as associate attorneys. Learn More.

Ho Ho Ho Hold Up; I Have to Do What with My Holidays?! – A Guide to The Holiday Season Post Divorce

November 27, 2018 | Smith, Mills & Schrock Law

For families of divorce, this time of year can be a minefield where each turn can yield a new and fresh argument. Here are a couple tips to help post-divorce families navigate the challenges of the holiday season. Get the Tips

Welcoming Anthony Dopp to Smith, Mills & Schrock Law in 2019

November 16, 2018 | Smith, Mills & Schrock Law 

Smith, Mills & Schrock’s is happy to announce that Anthony Dopp, a 2L at the University of Iowa College of Law, will be joining the firm as a summer 2019 law clerk. Learn More About Anthony

Using PEACE for a Peaceful Divorce

March 20, 2018 | Smith, Mills & Schrock Law

The thought of a marriage ending is stressful regardless of whether the change is wanted or not. A divorce can make it impossible to focus on what matters. As is often the case, PEACE will help you remain focused. In the context of a divorce, PEACE is an acronym that can be used to prioritize the steps in a divorce. View Steps

Iowa Workers' Compensation Newsletter
- Vol XL | December 28, 2017 -

  • Extent of Misconduct Necessary for an Employee's Termination to Rise to Level of Constructive Refusal of Light-Duty Work (Reynolds v. Hy-Vee)
  • When is Second Injury Fund Liability Triggered? (Housley v. Second Injury Fund of Iowa)
  • Experts' Consideration of Key Evidence in the Record (McDonald v. EZ Payroll & Staffing Solutions, LLC)
  • How Far Is Too Far to Drive to a Doctor's Appointment? (Maher v. Cope Plastics, Inc)
  • Persuasiveness of Expert Opinions in Directing Medical Care (Brown v. DAL Global Services)
  • and more... as well as our updated scorecards and statistics

Request credentials to access our online portal or to be added to our email list

Iowa Workers' Compensation Newsletter
- Special Web Volume | September 7, 2017 -

  • Bad Faith issues when contesting a Petition for Partial Commutation (Thornton v. American Interstate Ins)
  • Hot tubs as therapeutic equipment (Sladek v. K-Mart Corp)
  • Ceramic flooring as an inherent work hazard (Bluml v. Dee Jays)
  • Service dog expenses (Webb II v. Olivet Baptist Church)
  • and more... as well as our updated scorecards and statistics

Request credentials to access our online portal or to be added to our email list

Iowa Divorce Law Basics

August 18, 2017Smith, Mills & Schrock Law

A divorce can, and potentially will, be one of the most difficult times of your life. Not only is a relationship spanning years coming to an end, you also have to physically divide property accumulated during your marriage. Understanding the Iowa divorce procedures: View Document

Family Law

Iowa Workers' Compensation Legislative Reform

April 10, 2017Attorney Kent M. Smith | Attorney Lindsey E. Mills 

Workers' Compensation Reform analysis available via online portal or through scheduling a free training sessionRequest credentials via email.

Major Changes Coming to Iowa Workers' Compensation with Passage of Reform Legislation

March 17, 2017 | Smith, Mills & Schrock Law  | The Iowa Senate has passed the reform legislation as previously passed in the Iowa House.  It now heads to Governor Branstad for his signature. This legislation is the most substantial reform to Iowa workers' compensation in decades. View Document

What Iowans Need to Know (Before the Vote on Nov 8)

October 28, 2016 | Smith, Mills & Schrock Law  | The outcome of the 2016 election is likely to have a direct impact on your life. In addition to voting for the next president of the United States, voters will be casting ballots for members of Congress, as well as state and local leaders. View Document

 

New Overtime Regulation Effects

June 8, 2016 | Smith, Mills & Schrock Law  | Loren L. Varney | Effective December 1, 2016, the Department of Labor's new rule defining which "white collar" employees are exempt from overtime pay is scheduled to take effect. View Document

What Constitutes an Emergency: Training for Emergency Responders

October 7, 2015 | Attorney Skylar J. Limkemann | Emergency response training: it's a bread and butter topic for police officers, firefighters, and emergency medical providers. Despite this, it is far too often outright neglected, or when it is provided, misunderstood. View Document

Uber Drivers Seek Classification as Employees

October 6, 2015 | Smith, Mills & Schrock Law  | The sharing economy is an emerging economic-technological phenomenon that is fueled by developments in information and communications technology, growing consumer awareness, proliferation of collaborative web communities, as well as social commerce. View Document

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