Court of Appeals Affirms Credit to Employer in Claim Against Second Injury Fund and Employer
Knaeble v. John Deere Dubuque Works , No. 21-1934 (Iowa App. Nov. 17, 2022) Claimant suffered three injuries while working for John Deere - one to his right leg and left foot in 2014, a second to his hands and finger in 2017 and a third to his shoulder in 2017. On the 2014 petition, claimant was awarded a 30% industrial award. A second petition against the Fund was consolidated with the third petition against the employer. The deputy concluded that claimant had an 85% industrial loss for the first and second injuries and that the industrial loss for the third injury was 5%. The deputy determined that the industrial disability for all three injuries was 92%. The commissioner affirmed the 85% industrial loss. Contrary to the decision of the deputy, however, the commissioner found that the employer only owed 5% industrial disability due to the shoulder injury. The deputy found that Deere was responsible for a combined industrial disability of 35% (the original 30% industrial plus 5