2020 Workers' Compensation Appeal Decisions
2020 Workers' Compensation Appeal Decisions December 2020 Rivera v. Smithfield Foods, Inc. , No. 5066964 (App. Dec. 31, 2020) - In this post 7/1/17 case, claimant was found to have an injury to her left shoulder. The ratings were 6% and 8%, but the deputy awarded a 40% functional loss of the shoulder, but based this award on 250 weeks rather than 400 weeks, thus awarding claimant 100 weeks of benefits. On a nunc pro tunc motion, this was increased to 160 weeks of benefits, based on 85.34(2)(n) (Gerrish-Lampe). Defendants appeal, based on the fact that 85.34(2)(x) limits functional awards to AMA Guides based ratings. Claimant argues that her injury was not a scheduled member injury and also avers that (2)(x) is violative of claimant's constitutional rights. The commissioner finds that the injury did not extend into the body and suffered an injury to the left shoulder. The commissioner reverses the 40% award, finding that under 85.34(2)(x),...