Court of Appeals Remands Claim Involving Work Relatedness of MRSA Injury
In Streit v. Streit Construction, No. 19-0615 (Iowa App. Nov. 4, 2020), claimant alleged that the MRSA from which he suffered occurred as a result of cuts and bruises he had suffered at work. Claimant was originally found to have sustained a work injury as a result of the cuts and scrapes he suffered at work. The commissioner reversed, concluding that the medical evidence demonstrated that claimant had not demonstrated an injury arising out of and in the course of employment. On judicial review, the court concluded that the agency had applied the standards for occupational disease under Chapter 85A rather than the standard for other injuries under Chapter 85. According to the court, claimant did not need to demonstrate that exposure to harmful conditions at work led to the MRSA diagnosis. On remand, the commissioner affirmed, finding that the MRSA condition did not arise out of and in the course of employment. The commissioner noted that there was no evidence claimant was exposed