Iowa Workers' Compensation

 In Millanes-Ortiz v. Loyd Roling Construction , No. 19-2077 (Iowa App. Jan. 21, 2021), the agency and district court denied benefits to claimant, finding that claimant suffered no permanent impairment from a fall that occurred in the course of his employment.  On appeal, claimant argues that the commissioner erred as a matter of law in considering only the AMA Guides to determine permanency.  Claimant also alleges that the agency erred in applying law to fact by failing to consider chronic pain as sufficient evidence of a change in physiological capacity in a scheduled member case.  Finally, claimant argues that the decision to deny permanent disability is not supported by substantial evidence. Claimant had a stipulated work injury and argued that he was entitled to permanency because of chronic pain and changes sustained in his left arm.  He argued that the commissioner erred by not considering any evidence beyond the AMA Guidelines when determining the extent...

  2021 Workers' Compensation Appeals Decisions The following are appeal decisions decided by the commissioner in 2021, by month. December 2021 Carmer v. Nordstrom , No. 1656062.01 (App. Dec. 29, 2021) - Claimant was found to have sustained an injury to her right shoulder and a sequela injury to her left shoulder.  Both of these injuries were found to be scheduled member injuries, but the injuries were found to be industrially compensable under 85.34(2)(v). Claimant was found to have a 70% industrial disability (Palmer). On appeal, the commissioner affirms that there was a sequela injury to the left shoulder, crediting Dr. Segal's report over that of Dr. Milani.  Most importantly, the commissioner affirms the fact that because the two shoulder injuries were the result of a single incident, this injury was to be treated industrially under 85.34(2)(v).  The commissioner notes that "shoulder" injuries were not added to the list of injuries that were to be treated a sched...