Fast Food Restaurant Defeats Idiopathic Fall Causing Injury from Tile Floor
BNM attorneys Jean Dickson and Paul Powers won an arbitration decision written by Deputy James Christenson involving an idiopathic fall onto a hard level floor causing serious injuries. The claimant had a seizure disorder and was self-medicating with alcohol and had stopped taking prescription medication. He was witnessed falling backwards and striking his head on the tile floor. While the Iowa appellate courts have not addressed this precise issue, Deputy Christenson relied partially upon the general rule followed by many states that falls onto level surfaces are not compensable and denied benefits. This case is currently on intra-agency appeal with the Commissioner.