Court of Appeals Affirms 30% Industrial Disability Award, Finds that Statute of Limitations Did Not Bar Claims
In Heritage Care & Rehabilitation v. True , No. 14-0579 (Iowa App. March 11, 2015), the court affirms a decision of the commissioner holding that claimant's claim was timely filed and awarding 30% in industrial disability benefits. Claimant injured her right shoulder while taking out the trash in 2010. She was provided medical treatment for a short period of time, but did not miss any days of work, so no weekly workers' compensation benefits were paid. Claimant initially filed a petition seeking only medical benefits, which was filed within the limitations period. Approximately a month before the hearing, and three days before the expiration of the statute of limitations, claimant sought to amend her petition to include a claim for temporary and permanent benefits. She paid a $100 filing fee at the same time the amendment was filed. The deputy hearing the case initially denied the motion to amend and ordered claimant to file a separate arbitration pet...