Workers’ Compensation

WORKERS’ COMPENSATION

Client v. Defendant (Iowa 2015)

Facts: Beattie Law Firm’s client was involved in a motor vehicle accident in Bettendorf, Iowa. The client was driving a semi-truck westbound when another vehicle ran through an intersection, causing an accident. Beattie Law Firm represented the client on his workers’ compensation and car accident claims, which included injury to the back and neck.

Settlement: Beattie Law Firm obtained a policy limits settlement of $100,000 for the client.

Client v. Defendant/Insurance Company (Iowa 2014)

Facts: Beattie Law Firm represented a Marion County woman who was seriously injured while driving a school bus. Beattie Law Firm pursued claims against the responsible driver, the school’s underinsured insurance, and the school’s workers’ compensation carrier. The school’s insurance argued that offsets prevented the client from collecting certain benefits. The issue was submitted to the court, which ruled in the client’s favor. The case was submitted through two separate mediations and was eventually resolved.

Settlement: Beattie Law Firm was able to resolve all of the client’s claims for a significant, confidential, multiple six-figure settlement.

Client v. Insurance Company (Iowa 2016)

Facts: Beattie Law Firm represented an injured worker for his claim of bad faith handling of his workers’ compensation claim. Issues involved bad faith denial of the claim, including misrepresentation of Iowa’s notice requirement, failure to provide necessary and reasonable medical care, and delay of payment of indemnity benefits. The insurance company was also assessed a 50% penalty in the workers’ compensation action.

Settlement: All of our client’s claims, including the workers’ compensation case and bad faith action, settled at mediation for a substantial confidential amount in excess of $1 million.

Client v. Insurance Company (Iowa 2015)

Facts: Beattie Law Firm represented an Iowan who was injured at work. The workers’ compensation insurance company acted in bad faith with respect to his medical care and indemnity benefits, and Beattie Law Firm pursued a bad faith action in state court. The case was hotly contested by the insurance company.

Settlement: Prior to trial, the claim was settled for a confidential, multiple six figure amount.

Nissen v. Cooperative Mutual Ins. Co. (Arbitration Decision 2009)

Facts: Mr. Nissen was catastrophically injured in an anhydrous ammonia explosion which caused severe burning and restrictions. The matter was tried in before a Deputy Workers’ Compensation Commissioner.

Arbitration Decision: After hearing, the Deputy Workers’ Compensation Commissioner awarded 75% Industrial Disability.

Faux v. Mid-America Recycling (Arbitration Decision 2009)

Facts: Mr. Faux was severely injured when a large object fell on him, causing a crushing injury. The matter was tried in before a Deputy Workers’ Compensation Commissioner.

Arbitration Decision: After hearing, the Deputy Workers’ Compensation Commissioner awarded 40% Industrial Disability.

Klobnak v. Delong Sports (Arbitration Decision 2008)

Facts: Ms. Klobnak sustained severe back injury which occurred while lifting an employer’s product. The matter was tried in before a Deputy Workers’ Compensation Commissioner.

Arbitration Decision: After hearing, the Deputy Workers’ Compensation Commissioner awarded Total Permanent Industrial Disability. The matter was settled after hearing to avoid appeal.

Moorehead v. PRI (Arbitration Decision 2008)

Facts: Mr. Moorehead sustained a back injury while lifting a window while employed. The matter was tried in before a Deputy Workers’ Compensation Commissioner.

Arbitration Decision: After hearing, the Deputy Workers’ Compensation Commissioner awarded 20% Industrial Disability.

Day v. Composite Technology (Arbitration Decision 2008)

Facts: Ms. Day was injured from repetitive use of her shoulder. The matter was tried in before a Deputy Workers’ Compensation Commissioner.

Arbitration Decision: After hearing, the Deputy Workers’ Compensation Commissioner awarded 60% Industrial Disability. The matter was settled after hearing to avoid appeal.

Bedwell v. Second Injury Fund (Arbitration Decision 2008)

Facts: Mr. Bedwell sustained a meniscus tear which resulted in a low impairment rating. However, the injury affected Mr. Bedwell’s ability to continue working on his feet. The claim qualified for Second Injury Fund Benefits. The matter was tried in before a Deputy Workers’ Compensation Commissioner.

Arbitration Decision: After hearing, the Deputy Workers’ Compensation Commissioner found 65% Industrial Disability.

Phillips v. Second Injury Fund (Arbitration Decision 2008)

Facts: Mr. Phillips sustained a cumulative injury to his foot from the use of a stool at work. The matter was tried in before a Deputy Workers’ Compensation Commissioner.

Arbitration Decision: After hearing, the Deputy Workers’ Compensation Commissioner awarded 60% Industrial Disability.

Etten v. Workers’ Comp Insurance Co. (Iowa Federal Court 2008)

Facts: Mr. Etten was a valued employee for over 8 years. He had never missed a day of work in his entire life. In 2003, while delivering a shipment of food to a customer, Mr. Etten slipped on ice, falling on his side. He did not immediately report the injury, as he assumed his pain would subside over the weekend. It did not. Mr. Etten, unable to recover from the pain, reported the fall to his supervisor shortly thereafter. A few days later, Mr. Etten underwent back surgery. The surgeon discovered that Mr. Etten had a large subcapsular disc herniation and also removed disc fragments from Mr. Etten’s back that were not present on the MRI. The insurance company denied all of Mr. Etten’s claim.

Settlement: Beattie Law Firm obtained a highly confidential settlement for Mr. Etten.

Chambers v. Workers’ Comp Insurance Co. (Iowa Federal Court 2007)

Facts: Mr. Chambers was wrongly denied workers’ compensation benefits by his employer’s workers’ compensation carrier. The denial caused him severe emotional distress as well as the loss of his house.

Buhmeyer v. Case New Holland (Iowa Federal Court 2006 Trial)

Facts: Mr. Buhmeyer was a dedicated and diligent worker at Case New Holland for over 30 years. In July 2000, Mr. Buhmeyer reported problems with his hands to his supervisor. He was later given permanent restrictions from his workers’ compensation doctor. His doctor wrote to the workers’ compensation adjuster handling the claim, stating that Mr. Buhmeyer had already been compensated for carpal tunnel syndrome. This was not true, and the adjuster knew this; however, the adjuster failed to pay PPD benefits. Beattie Law Firm brought a lawsuit against Case New Holland for bad faith in the handling of his workers’ compensation claim.

Verdict: A jury sitting in Federal Court in the Southern District of Iowa returned a verdict in favor of Mr. Buhmeyer. Damages were assessed by the jury at $10,000 in compensatory damages and $275,000 in punitive damages.

Riggin v. Iowa Municipality (2005)

Fact: An Iowa municipality failed to pay benefits when benefits were due.

Settlement: A substantial settlement was reached.

McDaniel v. Workers’ Comp Insurance Co. (Iowa 2005)

Facts: An insurance company committed bad faith in the handling of Mr. McDaniel’s workers’ compensation claim. McDaniel suffered an injury when he was kicked in the face by a domestic animal resulting in severe facial damages.

Settlement: Beattie Law Firm obtained a $275,000 settlement on behalf of Mr. McDaniel.

Payne v. Workers’ Comp Insurance Co. (Iowa 2005)

Facts: Mr. Payne suffered from CRPS (complex regional pain syndrome)

following a work place injury. The workers’ compensation carrier wrongfully denied him necessary medical care and treatment as well as benefits owed to him.

Settlement: Beattie Law Firm obtained a confidential multiple six-figure settlement on behalf of Mr. Payne.

Lause v. Workers’ Comp Insurance Co. (Iowa Federal Court 2000)

Facts: Our client was wrongfully denied medical treatment and disability benefits in connection with her work place injury.

Settlement: Beattie Law Firm obtained a confidential multiple six-figure settlement on behalf of Ms. Lause.