After the deputy denied the case we filed an appeal. Thankfully, the denial was reversed on appeal and the agency found my client's condition to be work related and provided benefits.
Des Moines, Iowa (PRWEB) May 13, 2013
On April 8, 2013, the Iowa Workers' Compensation agency reversed a decision denying work comp benefits to a deceased worker and his surviving spouse. Elvert v. City of Davenport, IWC File No. 5032804 (App. Dec. 3/5/2012) which can be found at http://tinyurl.com/cyucs39. According to the final agency decision, the Iowa injured worker developed histoplasmosis while cleaning bat and bird feces at city parks while working for the City of Davenport, Iowa in the summer of 2008. After the exposure, his condition worsened such that he was no longer able to work and eventually passed away at the University of Iowa Hospitals and Clinics in 2010. Despite paying for his medical care to treat his condition, after his death the employer sent the injured workers medical records to a hired expert for an opinion which they used to deny paying any permanent workers compensation benefits.
Iowa Workers Comp Attorney Corey J. L. Walker, who represented the injured worker and his wife, commented that "After the deputy denied the case we filed an appeal. Thankfully, the denial was reversed on appeal and the agency found my client's condition to be work related and provided benefits. The benefits include compensation from the time he was no longer able to work up until the time of his death. Also, benefits to his surviving spouse for the rest of her life." While one would think that the case is over, it is not as attorney Walker explained "The City has decided to file a petition for judicial review and is asking a judge in Des Moines to reverse the agency. This is a very difficult thing to do as the substantial evidence rule applies which basically means that the workers' compensation agency decision has the same force as a jury verdict. It is a very rare case that a judge will reverse the finding of a jury. After all, it should be the decision of the fact finder, which in this case is the workers' compensation commissioner or his designee, not someone later on playing Monday morning quarterback."
Unfortunately, every year insurance companies and employers deny valid claims made by injured workers. Some injured workers do not feel that they can take on their employer or the big insurance company. However, most qualified Iowa work comp lawyers will take these cases on a contingency fee which means there are no up front costs or risk. This means you do not have to come-up with any money and you owe nothing, unless a recovery is made. For more information about the Iowa Workers Compensation system, the Iowa Injured Workers Bill of Rights- TM, 7 Deadly Mistakes and How to Avoid Them and much more go to http://www.iowaworkinjurybook.com. Attorney Walker offers his book at no cost or risk because for more than 15 years he has represented hundreds of injured workers and seen far too many make costly mistakes. For some informational videos about Iowa's work comp laws check-out http://www.WorkCompVideo.com or for answers to frequently asked questions and much more go to http://www.IowaWorkInjuryBlog.com.