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Michael R. Hoffmann

Michael Hoffmann’s Legal Guides

10 total

  • Independent contractor, Foxworthy style.

    Q: Who is an independent contractor, or an employee? (If you're an owner-operator, seeWHO CAN CLAIM IOWA BENEFITS.) A: It depends.(This might hurt less if you think along the lines of Jeff Foxworthy's "you might be a redneck if..."http://www.countryhumor.com/redneck/mightbe.htm. ...

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  • Emergency medical care.

    Q: Is an Iowa employer liable for payment of medical care it arranges in response to a personal sudden emergency? A:No. "An employer is not liable for the cost of care that the employer arranges in response to a sudden emergency if the employee's condition, for which care was arr...

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  • Can I be terminated for making a claim in Iowa?

    Q: Can an injured worker be fired for making a claim for Iowa workers' compensation benefits? A: No, in Iowa, anemployer cannot terminateemployment on the basis of an employee filing for workers' compensation benefits. InSpringer, the Iowa Supreme Court held that Iowa's "employme...

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  • Medical insurance v. workers' compensation

    Q: If an injured worker is denied recommended medical care, but has group medical coverage through the employer can they turn it in under their group coverage? Can both workers' compensation insurance and group deny my claim? Will the employee be dunned by collection notices if t...

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  • Notice for an Iowa workers compensation injury.

    Q: What are the Iowa notice requirements? If a worker gives late notice does an employer have to turn the claim in to insurance? A:Iowa law requires that an employer prepare and file with the Iowa Workers Compensation Commissioner aFirst Report of Injuryfor any claimed injury res...

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  • Medical care for an Iowa workers' compensation injury.

    Q: An employer/insurance carrier has the right to choose the care that an injured worker receives for an on the job injury. Does this include the right to say what treatment a doctor may give if they disagree with the course of care recommended? A:When an employee has an injury w...

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  • Eligibility for Iowa workers' compensation.

    Q: Is there any set period of time a worker must be employed before being eligible to receive Iowa worker's compensation benefits for a work injury? A: No, if the employee would otherwise be covered by the Iowa Workers' Compensation laws, there is no time period for which they mu...

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  • Iowa Workers' Compensation: Area of Practice, What do the ads mean?

    Q: What do the attorney ads mean? Various attorneys or firms list an area of practice, or say "practice limited to...," or "practicing primarily in...," or "general practice including but not limited to..." Are there differences? A: Yes, there are differences. They can be subtle ...

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  • Iowa Workers' Compensation: Confidentiality and Waiver Q&A's

    Q: Is an injured worker required to provide a waiver in order to make a claim for workers' compensation benefits in Iowa? A: Yes, Iowa Code 85.27(2) reads as follows: Any employee, employer or insurance carrier making or defending a claim for benefits agrees to the release of al...

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  • Iowa Workers' Compensation: Attorney Advertising and Ethics

    Q: Is it ethical for attorneys to advertise in Iowa? A: Yes.We do, however, have to be very careful how we advertise here, because, first, our Iowa Rules of Professional Conduct are strict, and, second, they are enforced. Our current rules went into effect July 1, 2005. Many Io...

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