Court of Appeals Affirms Commissioner's Decision that Claimant's Claim was Barred Under 85.23

In Tilton v. H.J. Heinz Co. No. 18-1629 (Iowa App. July 24, 2019), the Court of Appeals reversed the decision of the district court and affirmed the action of the commissioner which had found claimant had not notified the employer of her claim in a timely manner.  .

Claimant suffered a cumulative back problem while working for Heinz.  In 2010, she began working in a position that was said to be physically demanding, although she had suffered from back pain since 2000 and had treated for it since that time. Claimant was taken off work due to back pain in March of 2010, but she was found to be capable of work without restriction in September of 2010. The problems recurred in February of 2011 and ultimately claimant went on disability benefits on April 15, 2013.  She gave notice of a work injury on May 5, 2013 and filed a claim for benefits in March of 2015.

The commissioner concluded that claimant's condition had manifested in 2010 and thus her 2013 notice was not timely under 85.23.  The district court concluded that the decision of the agency was unsupported by evidence of record and was irrational, illogical and wholly unjustifiable.  The district court remanded to the agency.

The Court of Appeals reverses the decision of the district court and concludes that claimant's injury manifested in 2010, by September 8 at the latest.  The court concluded that although the claimant's condition had resolved by that time (and later recurred), the disability had manifested to the extent that it had a permanent adverse effect on employment.  The court found that the decision of the agency on this point was supported by substantial evidence.  Accordingly, claimant had notified the employer in an untimely manner and the decision of the district court was reversed, resulting in the denial of claimant's claim.