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November 2007 Archives
November 1, 2007
Recently, it seems that we have seen an increase in the number of appellate cases coming down that deal with retaliatory discharge claims in Iowa. The most recent of such appellate decisions is entitled Holding v. Graham Mfg. Corp. and...
Posted by William H. Grell on November 1, 2007 7:34 AM
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November 5, 2007
Employers often complain that it is unfair and provides a disincentive for employees to return to work if they are receiving both unemployment benefits and temporary total disability benefits through worker’s compensation. From a practical standpoint, employers are correct. An...
Posted by William H. Grell on November 5, 2007 8:22 AM
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November 14, 2007
The Iowa Supreme Court again considered the wisdom of the "positional risk" doctrine on November 9, 2007. In an opinion authored by the Chief Justice of the Iowa Supreme Court, the Court rejected the Commissioner's adoption of the positional risk doctrine and clarified that the law of Iowa requires an actual risk be present in the workplace that causes the injury to a worker for the claim to be present.
The ramifications of this decision are certainly important in some cases. Under the positional risk doctrine, an employer would be held liable for injuries that occurred on the work premises under almost all circumstances, unless the employer could establish the injury was truly the result of a "personal" condition totally unrelated to any work activities. Employers, however, contend this is unfair and not the intention or purpose of the workers' compensation statutes. Simply because an injury occurs at the work site does not mean that the injury is caused by any work activities. For instance, an employee may be walking on a flat, hard surface and simply trip over his/her own feet. In that instance, there is no actual risk being posed by the work surroundings and the work itself did not cause the injury. Under such circumstances, employers contend they should not be held liable for the resulting injuries and medical treatment. The Iowa Supreme Court apparently agrees with this argument.
Posted by William H. Grell on November 14, 2007 10:22 AM
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November 30, 2007
As of November 7, 2007, all employers are required to use an updated version of the I-9 Form when hiring or re-verifying employees. The federal government actually made revisions to the law in 1996 and the former Immigration and Naturalization...
Posted by William H. Grell on November 30, 2007 9:26 AM
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On November 15, 2007, OSHA issued a final rule that potentially affects employers' costs. OSHA has now clarified its position and requires employers to pay for nearly all personal protective equipment required to protect their employees. The new rule is...
Posted by William H. Grell on November 30, 2007 10:13 AM
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