Justin Loew
v.
Menard, Inc., and XL Insurance America
Petitioner in action for judicial review appeals a district court order affirming a decision by the Worker’s Compensation Commissioner denying petitioner benefits for work-related back injuries sustained in 2018 and 2019 because respondents had previously paid petitioner benefits for a 30% industrial disability for a back injury sustained in 2015. Petitioner contends the court erred in interpreting Iowa Code sections 85.34(2)(v) and 85.34(7), as amended in 2017, to uphold the Commissioner’s determination that the benefits to which petitioner would otherwise have been entitled for his 8% functional impairment rating resulting from the 2018-19 injuries were offset by the compensation respondents paid for the 2015 injury.
Appellant
Justin Loew
Appellee
Menard, Inc., and XL Insurance America
Attorney for the Appellant
Paul Thune
Attorney for the Appellee
Kent Smith
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 16, 2023 9:30 AM