Supreme Court Holds That a "Shoulder" Injury Is Not Limited to the Glenohumeral Joint
Chavez v. MS Technology, LLC, No. 21-0777 (Iowa April 1, 2022) Deng v. Farmland Foods, Inc. , No. 21-0760 (Iowa April 1, 2022) In these two cases, the Supreme Court addressed, for the first time, whether the 2017 changes made by the Iowa Legislature creating a a new 85.34(2)(n) and a new scheduled member injury for injuries to the "shoulder" was limited to the glenohumeral joint or extended beyond that joint to other structures affecting the shoulder. The question raised was whether injuries outside of the glenohumeral joint should be considered to be industrial disabilities or limited to the 400 weeks of benefits under 85.34(2)(n). The Court, in an opinion announced in the Chavez case, held that shoulder injuries were not limited to those affecting the glenohumeral joint and further found that shoulder cases are to be determined according to the 400 week schedule in 85.34(2)(n). Claimant Chavez was found to have a full thickness rotator cuff tear and underwent a shoulde