Iowa Workers' Compensation

 The deputy and commissioner found that claimant had failed to establish a new, permanent injury to her arm and claimant's case against the employer and Second Injury Fund was dismissed.  In Mahoney v. Robert Half International and Second Injury Fund of Iowa, No. 20-0868 (Iowa App. June 30, 2021), the Iowa Court of Appeals agreed, finding that the decision of the commissioner was supported by substantial evidence. Claimant had suffered an earlier injury to her right arm in 2006 as a result of an auto accident.  This accident resulted in surgery to the arm.  In 2015, claimant began working for Tax Act and alleged that she developed new problems in her arm.  She was diagnosed with tenosynovitis by Dr. Loth.  Dr. Sassman later found that claimant had a 3% impairment rating for the injury, which was found to be a new repetitive motion injury.  The deputy concluded, based on the testimony of the employer's representative, that claimant's work was not repeti...

 Claimant suffered an injury at work which she believed resulted in a permanent total disability.  The commissioner found that the disability was only 40% and this determination was affirmed by the district court. The Court of Appeals affirms the commissioner's decision in Snitker v. Seabright Insurance Company and Birdnow Enterprises , No. 20-0986 (Iowa App. June 16, 2021).   Claimant suffered a back injury and eventually had a lumbar laminectomy and fusion.  The commissioner found claimant had a 40% industrial disability  The Court of Appeals notes that the determination of industrial disability is mixed question of law and facts and that the commissioner's decision will not be reversed unless it is irrational illogical or wholly unjustifiable.  At hearing, defendants had presented evidence demonstrating that claimant had the residual functional capacity for work, as well as vocational evidence demonstrating the existence of jobs claimant could perfo...

In Des Moines Public Schools v. Hildreth , No. 20-0742 (Iowa App. June 16, 2021), the Court of Appeals addressed a case where the commissioner, facing contradicting medical evidence, concluded that claimant had met his burden of demonstrating that his stroke had arisen from a head injury that he had sustained at work.  The district court reversed the findings of the commissioner and the Court of Appeals, in turn, reversed the decision of the district court, reinstating the commissioner's decision.   Mr. Hildreth suffered a concussion at work in 2011, following a blow to the head.  He suffered severe problems following the injury and also suffered from neck and back problems.  Claimant retired and continued to experience symptoms.  In 2013, he suffered a stroke, which caused death as a result of an acute basilar artery infarction.  Claimant's spouse sought death benefits.  At hearing, claimant presented evidence from Dr. Francis Miller from Duke Un...