industrial disability claim (Iowa) · Go Syfert
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industrial disability claim in Iowa

7 Iowa opinions name it 2 courts 1983–2022 2 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Blacksmith v. All-American, Inc.green
iowa · 1980 · cited in 2 Iowa opinions naming this issue, 2009–2009
2 sentences

2009See Blacksmith v. All-Am., Inc., 290 N.W.2d 348, 354 (Iowa 1980) (holding a compensable diminution of earning capacity in an industrial disability claim may occur without a deterioration of the claimants physical capacity).

2009See Blacksmith v. All-Am., Inc., 290 N.W.2d 348, 354 (Iowa 1980) (holding a compensable diminution of earning capacity in an industrial disability claim may occur without a deterioration of the claimant’s physical capacity).

22
Gosek v. Garmer and Stiles Companygreen
iowa · 1968 · cited in 2 Iowa opinions naming this issue, 2009–2009
2 sentences

2009Therefore, we have held that awards may be adjusted by the commissioner pursuant to section 86.14(2) [then section 86.34] when a temporary disability later develops into a permanent disability, see Rose v. John Deere Ottumwa Works, 247 Iowa 900, 906 , 76 N.W.2d 756, 759 (1956), or when critical facts existed but were unknown and could not have been discovered by the exercise of reasonable diligence at the time of the prior settlement or award, see Gosek v. Garmer & Stiles Co., 158 N.W.2d 731, 735 (Iowa 1968).

2009Therefore, we have held that awards may be adjusted by the commissioner pursuant to section 86.14(2) [then section 86.34] when a temporary disability later develops into a permanent disability, see Rose v. John Deere Ottumwa Works, 247 Iowa 900, 906 , 76 N.W.2d 756, 759 (1956), or when critical facts existed but were unknown and could not have been discovered by the exercise of reasonable diligence at the time of the prior settlement or award, see Gosek v. Garmer & Stiles Co., 158 N.W.2d 731, 735 (Iowa 1968).

22
Rose v. John Deere Ottumwa Worksgreen
iowa · 1956 · cited in 2 Iowa opinions naming this issue, 2009–2009
2 sentences

2009Therefore, we have held that awards may be adjusted by the commissioner pursuant to section 86.14(2) [then section 86.34] when a temporary disability later develops into a permanent disability, see Rose v. John Deere Ottumwa Works, 247 Iowa 900, 906 , 76 N.W.2d 756, 759 (1956), or when critical facts existed but were unknown and could not have been discovered by the exercise of reasonable diligence at the time of the prior settlement or award, see Gosek v. Garmer & Stiles Co., 158 N.W.2d 731, 735 (Iowa 1968).

2009Therefore, we have held that awards may be adjusted by the commissioner pursuant to section 86.14(2) [then section 86.34] when a temporary disability later develops into a permanent disability, see Rose v. John Deere Ottumwa Works, 247 Iowa 900, 906 , 76 N.W.2d 756, 759 (1956), or when critical facts existed but were unknown and could not have been discovered by the exercise of reasonable diligence at the time of the prior settlement or award, see Gosek v. Garmer & Stiles Co., 158 N.W.2d 731, 735 (Iowa 1968).

22
Graves v. Eagle Iron Worksgreen
iowa · 1983 · cited in 2 Iowa opinions naming this issue, 1983–1993
2 sentences

1993Simbro, 332 N.W.2d at 887 ; see also Graves v. Eagle Iron Works, 331 N.W.2d 116, 117-19 (Iowa 1983) (held that an employee with a permanent partial disability to a leg had a scheduled disability that required the determination of functional impairment of his leg without regard to the industrial disability factors).

1983Graves, 331 N.W.2d at 118 .

12
Simbro v. Delong's Sportsweargreen
iowa · 1983 · cited in 2 Iowa opinions naming this issue, 1993–1993
2 sentences

1993See Mortimer, 502 N.W.2d at 14-15 ; Simbro, 332 N.W.2d at 887.

1993Simbro, 332 N.W.2d at 887 ; see also Graves v. Eagle Iron Works, 331 N.W.2d 116, 117-19 (Iowa 1983) (held that an employee with a permanent partial disability to a leg had a scheduled disability that required the determination of functional impairment of his leg without regard to the industrial disability factors).

12
Tim Neal v. Annett Holdings, Inc.green
iowa · 2012 · cited in 1 Iowa opinions naming this issue, 2022–2022
1 sentence

2022Co. v. Thorson, 763 N.W.2d 842 , 856–57 (Iowa 2009). “[W]e recognize that the commissioner is routinely called upon to make such assessments and has a special expertise in the area that is entitled to respect by 6 a reviewing court.” Neal v. Annett Holdings, Inc., 814 N.W.2d 512, 527 (Iowa 2012).

11
Keystone Nursing Care Center v. Craddockgreen
iowa · 2005 · cited in 1 Iowa opinions naming this issue, 2022–2022
1 sentence

2022“Because the agency considered the proper factors in assessing the claimant’s industrial disability and because the agency’s findings with respect to those factors are supported by substantial evidence,” Keystone Nursing Care Ctr. v. Craddock, 705 N.W.2d 299, 307 (Iowa 2005), we affirm the commissioner’s award of permanent total disability benefits to Pruis.

11
Mortimer v. Fruehauf Corp.green
iowa · 1993 · cited in 1 Iowa opinions naming this issue, 1993–1993
1 sentence

1993See Mortimer, 502 N.W.2d at 14-15 ; Simbro, 332 N.W.2d at 887.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Larson Manufacturing Co. v. Thorson green
iowa · 2009
1 sentence

2022Co. v. Thorson, 763 N.W.2d 842 , 856–57 (Iowa 2009). “[W]e recognize that the commissioner is routinely called upon to make such assessments and has a special expertise in the area that is entitled to respect by 6 a reviewing court.” Neal v. Annett Holdings, Inc., 814 N.W.2d 512, 527 (Iowa 2012).

12022–2022

Statutes the citing opinions construe

IA § Iowa Code § 17A.19 (6) IA § Iowa Code § 85.34 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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