Supreme Court Holds That Simultaneous Injury to Separate Body Parts is Not to be Considered as an Unscheduled Injury Under 85.34(2)(v)
Bridgestone Americas, Inc. v. Anderson , No. 22-1328 (Iowa March 29, 2024) In this case of first impression, claimant suffered simultaneous injuries to his arm and shoulder arising out of his work. The commissioner concluded that because such simultaneous injuries were not encompassed under the listing of scheduled member injuries in 85.34(2)(a)-(u), it should be considered under the catch-all provisions of 85.34(2)(v), which requires injuries not encompassed under 85.34(2)(a)-(u) to be considered industrially under the Code. The commissioner concluded that claimant had suffered a 50% industrial disability. This finding was affirmed by the district court. The employer appealed to the Supreme Court, raising three issues. First, there was insufficient evidence to support the conclusion that claimant's injuries arose out of employment. Second, the injuries should be compensated as unscheduled injuries. Third, the 50% award was excessive. The Court concludes that there was substa