Cases

  • Client wins cumulative trauma claim

    Client sustained an injury to her knee based on cumulative or repetitive trauma. The Discovery Rule was used to toll the running of the statute of limitations and notice provisions.

    Butz v. Frontier Natural Products. File No. 5024797 (March 25, 2010). The Iowa Court of Appeals affirmed the decision.

  • Client wins at arbitration hearing and on appeal, when injured after tendering resignation

    Client tendered her resignation and was injured on the job 4 days later. Employer withdrew offer of light duty and did not pay weekly benefits. She won at arbitration and on appeal to the Commissioner. she was awarded temporary benefits, permanent benefits, and penalty for underpayment of and unreasonable denial of weekly benefits.

    Cases Settlement:weekly benefits paid for missing work and permanent injury. Penalty benefits awarded.
    Pin Dubuque
    Attorney Gary Nelson at Rush & Nicholson

    Gary B. Nelson

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  • Man reaches $315,000 settlement for PTSD

    Man reaches a settlement against local school district after being diagnosed with PTSD, following lifesaving rescue of student. The claimant won at an arbitration hearing and on appeal before the work comp agency.

  • Man reaches $300.000 settlement in work comp claim

    Man reaches a $300,000 settlement after injury to his back, tinnitus, and hearing loss.

  • Woman reaches $50,000 settlement after being struck by falling merchandise at local store

    A woman reached a $50,000 settlement with a local retailer for injuries to her hip after she was struck by falling merchandise while shopping.

  • $140,000 settlement reached in semi-car crash

    A 36 year-old man settled his case against the trucking company for $140,000 after suffering shoulder injuries when a semi crashed into the pickup truck in which he was a passenger.

  • $1,050,000 car accident wrongful death settlement

    The family of a rural Iowa man killed after a garbage truck collided with his pickup truck received a $1,050,000 settlement for claims against the waste disposal company and under insured motorist carrier.

  • On Review-Reopening Claimant found totally disabled

    Jim was awarded 80% industrial disability in 2011, after he was exposed to Isocyanates. His lung condition worsened in 2020 to the point where he was unable to perform even sedentary work. Jim was found permanently and totally disabled. The decision was affirmed on appeal on February 22, 2023 (Learn More).

  • Denied hip claim awarded and affirmed on appeal

    The claimant sustained a work-related injury to her right hip, including a labral tear, in addition to the stipulated back injury. As such, it’s found that the claimant is entitled to payment by defendants for all medical expenses related to the hip injury. It’s also found that the claimant is entitled to receive temporary total disability benefits while she was off work following her surgery.

  • Employer hit with a large penalty

    Dale Till, claimant, filed a petition in arbitration seeking workers’ compensation benefits from Windstar Lines, Inc., employer and National Interstate Insurance Company, insurance carrier as defendants. Mr. Till is entitled to 150 weeks of permanent partial disability benefits.