Worker’s husband gets death benefits for her fatal overdose

The Iowa Court of Appeals on Wednesday upheld an award of death benefits for a fatal prescription drug overdose saying evidence in the record was equivocal regarding whether the death was accidental or the injured worker committed suicide.

The worker injured her ankle in November 2012 while working for Linnhaven Inc., a nonprofit organization that assists people with disabilities, and later developed lower-back pain and depression as a result of her injury, according to case No. 24-0333.

A workers compensation commissioner ruled that she was permanently and totally disabled because of the work injury. The women sought mental-health counseling for her depression and multiple counseling records note that she had suicidal thoughts several times a week, but she had “no plans” and “no intent” to act on those thoughts, according to documents.

In September 2016, the woman was found dead at her home. An autopsy report by the state medical examiner found the cause of death was a “[m]ixed drug (quetiapine and zolpidem) intoxication.” And the manner of death was “undetermined.”

Police investigated and concluded she either had an accidental overdose or committed suicide.

Her husband filed a claim for death benefits. Linnhaven denied liability, arguing that the widower was barred from recovery by state law that states when a surviving spouse has “willfully deserted the deceased without fault of the deceased,” the surviving spouse shall not be considered a dependent eligible for benefits.

A deputy workers compensation commissioner denied the widower’s claim, finding he had willfully deserted the woman when the couple separated and not ruling on whether her death had been an accident.

A district court judge reversed the deputy’s finding of willful desertion, finding the widower had remained in the marital home with her child, and he remained in contact with his wife.

The Court of Appeals affirmed the judge, as did the Iowa Supreme Court in 2023 when it remanded the case to the commissioner, who found that state law did not foreclose an award to the widower. A district court judge affirmed.

The Iowa Court of Appeals, on this further appeal, supported a conclusion that her death was an accident, despite evidence that she had suicidal thoughts. Her son and a friend both testified she was in good spirits and making future plans with her in the days before her death.

“With evidence pointing in both directions, we cannot say that the record lacked substantial evidence to support the commissioner’s conclusion that Linnhaven failed to prove its willful-injury affirmative defense,” the court said.

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