Iowa Workers' Compensation

Neal v. Annett Holdings , 814 NW2d 512 (Iowa 2012) represents the first time the Iowa Supreme Court has addressed issues regarding suitable work for truck drivers, who are often required to perform light duty work at a home terminal which may be hundreds or even thousands of miles away from the claimant's home.  The divided court concluded, in a 4-3 decision, that light duty work offered to a claimant who lived 387 miles from the terminal, and had family in his home state, was not suitable work under the circumstances. The evidence at hearing demonstrated that when claimant was driving, he was able to return home every weekend and occasionally during the week to his wife and three children.  Under the light duty work program, claimant was able to return only once every other weekend.  The arbitration decision found that the light duty work was suitable and that claimant had a 15% industrial disability for his shoulder injury.  On appeal, the commissioner found that...

In Westling v. Hormel Foods Corp ., 810 NW2d 247 (Iowa 2012), claimant developed shoulder problems and what was originally disagnosed as a partial rotator cuff tear, which was followed by surgery.  The operative report noted significant fraying of the anterior and superior labrum, as well as inflammation along the subscapularis muscle, but no rotator cuff tear was found.  Claimant was released with no restrictions, and the surgeon concluded that the surgery did not cause claimant to have a permanent impairment.  Claimant subsequently retired. Dr. Mary Shook performed an IME for claimant, and Dr.Shook attributed pain to arthritis and not overuse.  She concluded that claimant's current symptoms are not from repetitive tasks due to work assignments.  Dr. Shook concluded there was a 2% impairment in claimant's right shoulder and 3% in the left shoulder, both caused by arthritis.  Claimant was found to have no permanent impairment at the commissioner level....