Bizarre Legal Battle in Iowa Highlights Absurdities that North Carolina Workers’ Compensation Analysts Say Are All Too Common

September 2, 2010, by Michael A. DeMayo

No one would argue that the North Carolina workers’ compensation system is without flaws. But a breaking ruling out of Iowa shows that crazy cases and curious rulings are not merely the province of the “First in Flight” state.

The Iowa Supreme Court resolved a longstanding battle between Travelers Insurance Company and Grinnell Mutual Reinsurance over which company should compensate the family of a fallen volunteer firefighter, Justin Fauer. Brace yourself: the backstory is pretty weird.

A farmer named Dwight Johnson (of Johnson Valley Beef Farms) fell into a manure pit and got overwhelmed by methane gases. His employee, Fauer, noticed his boss’ plight and ran to tell Johnson’s wife to call the police. Fauer then returned to the pit and tried to help his boss out. But he, too, got overwhelmed by the methane and died in the pit.

So what led to the big workers’ comp battle? Well, Fauer was a volunteer fire fighter as well as a farmhand. So the farm’s insurance company as well as the volunteer firefighter’s insurance company have been duking it out in court (all the way up to the Iowa Supreme Court) over which firm should be liable for his family’s workers’ comp benefits.

Ultimately, Grinnell (which represented the farm) lost because of technical reasons pursuant to whether Fauer acted in the capacity of a volunteer firefighter or a farmhand. But without getting into too much detail about why, it’s important to recognize the broader implications. The length to which these two insurance companies went to avoid liability no doubt used up tremendous resources and court time. And this suggests a bigger problem – a broader problem – namely that North Carolina workers’ compensation cases (and similar cases throughout the US) can often get way too bogged down in the details at the expense of seeing that real justice gets done and that injured and needy claimants get their due.

The Moral: When the law gets overly technical, court battles drain much needed resources for no real justice-serving purpose.

Moving away from the abstract now… if you or someone you care about has been injured in an acute workplace accident or suffered an occupational disease or repetitive strain injury, you may want to seek guidance from a competent North Carolina workers’ compensation law firm. Understanding your rights is the key to reaching the best possible settlement.

More Web Resources

Travelers Insurance Company v. Grinnell Mutual Reinsurance

More about the Fauer tragedy