Court of Appeals Affirms Commissioner's Award, Reverses District Court in Avascular Necrosis Case
In Tameklo v. Tyson Foods, Inc., No. 15-0222 (Iowa App. Nov. 12, 2015), the commissioner addressed a situation where claimant suffered a shoulder injury and later developed avascular necrosis. The commissioner concluded that the avascular necrosis was related to work and awarded healing period benefits.
Tyson challenged the finding that claimant's avascular necrosis arose out of employment. The first two physicians that saw claimant did not conclusively indicate one way or another whether the injury was related to employment. Claimant's IME physician, Dr. Bansal, concluded that the avascular necrosis was related to employment, noting that claimant did not have avascular necrosis prior to the surgery, and that the shoulder that was injured was the only location where claimant had avascular necrosis. The district court reversed the decision of the commissioner, but on appeal, the Court of Appeals reinstated the decision of the commissioner,finding that the commissioner's decision was supported by substantial evidence.
Tyson challenged the finding that claimant's avascular necrosis arose out of employment. The first two physicians that saw claimant did not conclusively indicate one way or another whether the injury was related to employment. Claimant's IME physician, Dr. Bansal, concluded that the avascular necrosis was related to employment, noting that claimant did not have avascular necrosis prior to the surgery, and that the shoulder that was injured was the only location where claimant had avascular necrosis. The district court reversed the decision of the commissioner, but on appeal, the Court of Appeals reinstated the decision of the commissioner,finding that the commissioner's decision was supported by substantial evidence.
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