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Apportionment Allowed Even if First Injury Came Before Law Passed

By Jim Sams (Senior Editor)

Wednesday, January 27, 2010 | 0

A worker who was injured before the Iowa Legislature passed a law allowing employers to apportion for preexisting injuries is nevertheless subject to apportionment for a subsequent injury that occurred after the law was passed, the Iowa Court of Appeals ruled.The appeals court rejected the claimant's argument that the law should apply only to workers who suffer their first injuries after the law, Iowa Code Section 85.34(7), became effective in September 2004. The court also shot down the claimant's constitutional challenge to the apportionment statute, ruling it untimely.Case: Quaker O...

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