NCCI says that the January Iowa Supreme Court ruling in Venegas v. IBP, Inc., which held that employers do not have the opportunity to apportion second injury benefits against previous disabilities, has an immediate impact of a 2.4% increase in system cost.
Prior to 1995, the Iowa workers compensation system was clear in requiring employers to be responsible for the incremental cost of second injuries but not for the degree of disability caused by a prior injury.
In 1995 two Supreme Court decisions, Second Injury Fund v. Nelson and Celotex Corp. v. Auten, provided some limitations on the app...
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