odd-lot doctrine in Iowa

2026The odd-lot analysis depends on determining if the 10 types of work “the worker can perform are ‘so limited in quality, dependability, or quantity that a reasonably stable market for them does not exist.” Guyton, 373 N.W.2d at 105 (citation omitted).

2014The odd-lot doctrine allows the commission to find an employee has suffered a total disability if the worker can only perform work “so limited in quality, dependability, or quantity that a reasonably stable market for them does not exist.” Guyton v. Irving Jensen Co., 373 N.W.2d 101, 105 (Iowa 1985) (internal quotation marks omitted).

1993Armstrong v. State of Iowa Bldgs., 382 N.W.2d 161, 167 (Iowa 1986).

1986As we indicated in Armstrong, 382 N.W.2d at 167 , claims concerning the applicability of this doctrine must be raised before the industrial commissioner or they will not be considered on judicial review.

2020Another indication an agency has been granted interpretative authority arises when an agency “must necessarily interpret [an undefined] term in order to carry out its duties.” Renda, 784 N.W.2d at 12 (discussing City of Marion v. Iowa Department of Revenue & Finance, 643 N.W.2d 205, 207 (Iowa 2002)).

2020Another indication an agency has been granted interpretative authority arises when an agency “must necessarily interpret [an undefined] term in order to carry out its duties.” Renda, 784 N.W.2d at 12 (discussing City of Marion v. Iowa Department of Revenue & Finance, 643 N.W.2d 205, 207 (Iowa 2002)).

2012“Simply put,” we observed in Second Injury Fund of Iowa v. Shank, 516 N.W.2d 808, 815 (Iowa 1994), “the question is this: Are there jobs in the community that the employee can do for which the employee can realistically compete?” For purposes of the odd-lot doctrine, then, we have held that an employee need not look for a position outside the employee’s “competitive labor market” to establish he suffers a total disability.

2012“Simply put,” we observed in Second Injury Fund of Iowa v. Shank, 516 N.W.2d 808, 815 (Iowa 1994), “the question is this: Are there jobs in the community that the employee can do for which the employee can realistically compete?” For purposes of the odd- lot doctrine, then, we have held that an employee need not look for a position outside the employee’s “competitive labor market” to establish he suffers a total disability.

1989Under that doctrine, a worker becomes an odd-lot employee when an injury makes the worker incapable of obtaining employment in any well-known branch of the labor market. 'An odd-lot worker is thus totally disabled if the only services the worker can perform are “so limited in quality, dependability, or quantity that a reasonably stable market for them does not exist_” Guyton v. Irving Jensen Co., 373 N.W.2d 101, 105 (Iowa 1985) (quoting with approval, Lee v. Minneapolis Street Railway Co., 230 Minn. 315, 320 , 41 N.W.2d 433, 436 (1950)).

1989Under that doctrine, a worker becomes an odd-lot employee when an injury makes the worker incapable of obtaining employment in any well-known branch of the labor market. 'An odd-lot worker is thus totally disabled if the only services the worker can perform are “so limited in quality, dependability, or quantity that a reasonably stable market for them does not exist_” Guyton v. Irving Jensen Co., 373 N.W.2d 101, 105 (Iowa 1985) (quoting with approval, Lee v. Minneapolis Street Railway Co., 230 Minn. 315, 320 , 41 N.W.2d 433, 436 (1950)).