Court of Appeals Affirms Finding that Claimant Provided Timely Notice of His Injury

Kraft Heinz Co. v. Bynum, No. 23-0045 (Iowa App. Feb. 7, 2024)

Claimant was initially employed with Kraft through a temporary employment agency.  Claimant was hired by Kraft in January of 2019.  In early February, claimant was diagnosed with a hernia and he notified the employer of his problems and need for surgery.  Following his return to work, he continued to have pain, was taken off work and received short term disability benefits.  Claimant wrote a letter to the employer in June of 2019 indicating that he had told numerous people at work about his injury and felt he should be receving workers' compensation benefits.  The commissioner concluded that the employer failed to prove that it did not receive timely notice as "it had not rebutted credible testimony that Bynum had informed multiple supervisors of the injury within the ninety-day period."  The district court concluded that substantial evidence supported the commissioner's decision.

On appeal, the Court of Appeals affirms.  The employer argued that claimant only mentioned that he was hurt, not that the injury was related to work.  The Court concludes that it was the employer's burden to prove it lacked notice.  In this case, claimant was found generally credible and testified that he had "informed multiple supervisors of his injury and that he was experiencing the symptoms of the injury due to his work activities."  Claimant's testimony at the hearing indicated he had informed his supervisors of the work-relatedness of his injury before his surgery in February of 2019, well before the expiration of the 90 day period.  The Court concludes that although there was evidence in the record that could support the allegation that timely notice had not been provided, this did not mean that the commissioner's decision to the contrary was not supported by substantial evidence.  The Court concludes that the evidence supported the findings actually made and affirms the decision of the commissioner.

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