Though there are a number of points of differentiation, a new opinion from the Iowa Court of Appeals again demonstrates the value of settling and getting out early.

Teddy Snyder

I’ve seen this before

Employee Heather Blasdell injured her ankle in November 2012. The following year, this morphed into lower-back pain and depression resulting from the ankle injury.

Stop right there. Do you think the parties tried to settle the case while it was still an ankle injury? How about in 2017, 2018, 2019, 2020? I don’t know beans about Iowa workers' compensation law. Maybe parties aren’t allowed to cash out workers' compensation claims in Iowa. But this situation immediately brought to mind many California claims I came to know very well.

Heather’s diagnosis of major depression continued until August 2015. Therapy notes show she thought about suicide, but she had “no plans” or “no intent” to act on those thoughts. In September 2016, Heather died at her home of a drug overdose. The state medical examiner found the manner of death to be “undetermined.”

The surviving spouse sued for death benefits. An important issue was whether Heather had willfully taken her own life rather than accidentally overdosed. Another issue was whether the spouse qualified for a death benefit because they were separated at the time of her death. The parties also argued about the amount.

Heather Blasdell died in 2016. The parties have so far litigated for eight years before a commissioner, the district court, the appellate court, the state Supreme Court and a further appeal in the appellate court, which then affirmed the district court’s ruling to remand to the commissioner. It appears the amount of the award at issue in 2016 would have been just over $10,000.

Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through snydermediations.com.