Court of Appeals Affirms Running Healing Period Award

In Eaton Corp. v. Archer, No. 15-0255 (Iowa App. Nov. 12, 2015), the commissioner addressed a claim where claimant developed carpal tunnel syndrome.  There was a dispute concerning causation and a dispute over whether claimant was able to return to substantially similar work.  The commissioner concluded that claimant's injury was related to his work activities, and concluded that claimant could not return to former work, given the continuing pain in his hands.

Following the injury, claimant missed work because of the pain in his hands and was discharged by the employer.  On appeal, the primary issue was the healing period issue.  The employer claimed that claimant could return to his former work, and cited their IME physician, Dr. Hsu, in support.  Claimant countered with the IME of Dr. Gammel.  The agency concluded, based on the opinion of Dr. Gammel and claimant's testimony that he could not return to substantially similar work.

The district court affirmed and on appeal the Court of Appeals affirmed as well.  In affirming, the court noted that carpal tunnel syndrome was noted as a repetitive trauma or cumulative injury.  The court concluded that substantial evidence supported the agency's decision.

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