Court of Appeals Decides Cumulative Injury, Manifestation Case

In ABCM Corp. v. Manning, No. 1-225 (Iowa App.  May 25, 2011), the court addressed the issue of cumulative injuries, and the further question of when those injuries became manifest.  Claimant suffered injuries to her knees and low back, which ultimately led to knee replacement surgery.  The commissioner found that claimant was not aware of the compensable nature of her injuries until after she had left employment, and rejected defendants' arguments that they had improper notice and that the statute of limitations had run.

The court noted that the questions of the nature, seriousness and possible compensable character of the injury under Herrera was a question of fact under Midwest Ambulance v. Ruud.  Here, the commissioner had a substantial degree of latitude in determining when the claimant should have known, as a reasonable person, when her injuries were compensable.  There was no error of law in finding that claimant did not know about compensability earlier, as claimant had returned to work without restriction, and continued to work until she was fired.

A secondary issue was presented concerning the award of PTD benefits to claimant and her firing by the employer.  The employer argued that claimant would have continued working but for the disciplinary issues that led to her firing.  The court indicated that substantial evidence supported the commissioner's decision that claimant, given her injuries, was unable to compete for any positions for which she was trained, and rejected defendants' argument.