Iowa Workers' Compensation

Martinez Construction v. Ceballos , No. 12-1514 (Iowa App. June 12, 2013), involved a situation in which the evidence used to support a finding of causation was primarily lay testimony.  The court found that in the circumstances in the case, medical testimony was not required to establish causation. The accident that led to the injury occurred when claimant lost his footing on a roof, attempted to jump into a forklift basket, and hit his face and right shoulder and twisted his left knee.  Claimant was knocked unconscious as a result of the injury.  Hospital records demonstrated that claimant had four broken ribs and a perforated lung.  X-rays showed that there was a dislocation of the shoulder and fluid on the knee. Claimant was deported shortly after this and did not attend a followup appointment. At hearing, claimant appeared by telephone, to which defendants objected.  The deputy allowed claimant to testify by telephone.   Claimant testified he had continuing problems with his s

In Fridley v. Blackhawk Automatic Sprinkler Systems, Inc. , No. 12-1954 (Iowa App. May 30, 2013), the court affirmed the denial of benefits without issuing an opinion under Iowa R. App. P. 6.1203(a) (c), (d).

In PMX Industries v. Reich , No. 12-1824 (Iowa App. May 30, 2013), the court addressed issues of tinnitus and hearing loss in a workers' compensation setting, and addressed the issue of when notice had to be provided for a tinnitus claim.  Claimant was a long time worker for PMX, which was an admittedly noisy facility.  Claimant testified that although he wore hearing protection, he would often have to remove the hearing protection in order to hear people talking within the plant. In 2008 he was diagnosed with a hearing loss and resigned from his employment. The doctor who addressed the hearing loss issues for the employer, Dr. Taylor, found that claimant had a 2.2% bilateral hearing loss.  Claimant was referred to Dr. Marlan Hansen at the University of Iowa, who agreed that claimant had noise-induced hearing loss.  Claimant was then referred to Dr. Plakke, who noted hearing loss, but indicated that because of the continued loss of hearing after he left PMX, this was not noise re