Appeals Court Affirms Denial of Second Injury Fund Benefits
Liford v. Christensen Farms and Second Injury Fund , No. 22-1747 (Iowa App. Aug. 9, 2023) Claimant was denied benefits from the Fund for a left knee injury because this injury was found to be a sequella of an earlier right knee injury and not a separate and distinct second injury. The left knee injury was traced by the physicians to claimant's "babying" his right knee following an injury to that knee. The deputy found the left knee injury was a sequela, based on the opinions of Dr. Vincent and Dr. Kuhnlein. These findings were affirmed by the commissioner and the district court. On appeal, claimant argues that the underlying decisions incorrectly interpreted Gumm v. Easter Seal Society of Iowa , 943 N.W.2d 23, 25 (Iowa 2020). Claimant argues that Gumm should only be applied where a cumulative injury stems from the aggravation of an earlier injury, not in cases where a sequela injury develops. The Court rejects this view of Gumm , finding that a second injury must b