COVID-related extensions don’t save workers appeal
- September 12, 2025
- Posted by: Web workers
- Category: Workers Comp
The Iowa Supreme Court ruled Friday that its supervisory orders tolling statutes of limitations, statutes of repose and similar deadlines because of the COVID-19 pandemic did not apply to the 30-day deadline to petition for judicial review after the denial of an application for rehearing.
Jennifer Askvig was working for Snap-On Logistics Co. when she suffered a work-related injury in 2017. In February 2020, a workers compensation commissioner ordered Snap-On to pay temporary total disability benefits to Ms. Askvig for a seven-week period for an injury to her right arm but denied a claim of injury to her right shoulder, according to documents in Askvig v. Snap-on Logistics Co., filed in Des Moines.
On Feb. 25, 2020, Ms. Askvig’s attorney filed an application for rehearing. The commissioner did not act on the application, so it was deemed denied by operation of law as of March 16, 2020. Iowa code gave Ms. Askvig 30 days to file a petition for judicial review, a time period that coincided with the onset of the COVID-19 pandemic.
Ms. Askvig’s counsel later explained that during this time, he continued to work in the office, but his staff were working from remote locations and, somehow, the petition was not filed.
In May 2020, Snap-On’s counsel wrote Ms. Askvig’s counsel to confirm that an application for judicial review had not been filed. Ms. Askvig’s counsel responded by email, 13 days later, claiming that the Iowa Supreme Court had tolled the deadline for seeking judicial review.
The Supreme Court issued a supervisory order on April 2, 2020, that said “(a)ny statute of limitations, statute of repose or similar deadline for commencing an action in district court is hereby tolled from March 17 to June 1.”
On the same day Ms. Askvig’s counsel responded to the email, he filed a petition for judicial review in the Polk County District Court. Snap-On moved to dismiss the petition, asserting that it was untimely. The District Court agreed and granted the motion to dismiss.
The Iowa Supreme Court ruled that extending the statutes of limitations and repose does not interfere with the actions of the executive branch that operates the state’s workers comp system.
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