Court of Appeals Affirms Finding That Claimant's Shoulder Injury Did Not Result in Permanent Disability
Claimant was found to have met her burden of demonstrating that she suffered a work related injury to her shoulder, but the agency concluded that she did not establish permanent total disability. Merrick v. Crestridge, Inc., No. 17-0745 (Iowa App. March 21, 2018). On appeal, claimant contends that the agency's decision was not supported by substantial evidence and that the agency misapplied the law to the facts. Claimant suffered a shoulder injury and the doctors initially believed that the injury had caused capsulitis. She was placed on light duty work following the injury and was provided with injection therapy, which was helpful. She was released to regular duty work, but did not return to work for the employer. The treating doctor concluded there was no permanent functional impairment and she was provided a 0% rating. Dr. Kreiter, who performed an IME, found that claimant had a 13% BAW rating as a result of shoulder instability and a possible labral tear. He believed th