The Law Knows Not Sympathy

It goes like this; if you need your car or truck for work you’re covered going to and coming home from work. If your job does not the use of your car then you’re not covered for injury or death while going to work or coming from work, under Iowa workers’ compensation law. That's a part of the law most workers aren't familiar. Most believe for all workers work doesn't begin until you punch in, but for those who use their own or a company car during work coverage starts going to work and when you leave work until you arrive at your sleep destination. That may sound like double-talk but a sleep destination might be a hotel room as well as your actual home.

PART 1 -  HUISENTRUIT DISAPPEARANCE

What ever happened to Jodi?

Today’s post dovetails with an Iowa mystery that has remained unsolved for over 15 years. Turn back the hands of time to 1995 and the disappearance of KIMT-TV anchor Jodi Sue Huisentruit who on the morning of July 4, 1995 never made it to work. She made it as far as … well that we don’t really know now do we? And that is where in this mystery the rub is legally. Because if we don’t know if she ever made it to at least put the key in the door lock or open the door then we don’t know if the going and coming rule will apply. Arguably walking out the front door should be enough when your car is a part of your work, but to my knowledge there’s never been a case discussing where work actually begins so the answer remains in my mind an open question.

PART 2 HUISENTRUIT DISAPPEARANCE - Was the white van involved?

Apparently a few years ago when she was declared legally dead at least one legal issue was probably left open; whether death benefits under the Iowa workers’ compensation act could even be awarded. Remember law knows no sympathy; it requires you to prove the injured worker’s death. That’s a fact that must be proven; it will not be assumed. Missing is one thing, but death is another. A declaration of death may seem odd to the general public but for purposes of collecting on insurance policies it is quite necessary. I have no way of knowing if workers’ compensation benefits were paid, but the question remains an interesting one. Searching the Iowa Industrial Commission decisions produced no results.

A DECLARATION OF DEATH

It appears a case was filed in the Cerro Gordo County Court on March 14, 2001 titled: Jodi Sue Huisentruit Absentee filing a petition for order establishing death of absentee as a matter of law pursuant to 633.510 – 633.515, the Code of Iowa. A Guardian Ad Litem was appointed on April 23, 2001 and on May 14, 2001 the GAL filed an Answer and a report. On that same date the Court entered an Order Establishing Death of Absentee as a Matter of Law.

Oddly enough in a completely unrelated matter of a traffic violation, Jodi S. Huisentruit was issued citation number P292056 in Story County on August 3, 1994 and on December 17, 2005 the computer generated a “Notice of Conviction to the DOT” in State of Iowa vs. Jodi S. Huisentruit.

So the mystery is yet to be solved as to what happened in the early morning hours of July 4, 1995 and whether workers' compensation benefits would be due and owing.

Search Remains Active For Missing Iowa TV Anchor, KCCI-TV-8.