Court of Appeals Affirms 65% Industrial Disability Award for Sequela Injury to Back. Penalty Benefits Denied.
In Presbyterian Homes and Services, Inc. v. Buchanan , No. 19-0010 (Iowa App. Jan. 9, 2020), the agency concluded that claimant had established industrial disability as a result of a sequela injury to the back suffered after a left foot injury. Claimant was awarded 65% industrial disability as well as penalty benefits for withholding of healing period benefits without reasonable or probable cause or excuse. The district court affirmed on medical causation and industrial disability but reversed the penalty award. On appeal, the court noted that claimant had a long history of left foot problems, right foot problems and back injuries. She suffered an injury to her left ankle in 2014, but did not immediately report the problems to her employer. She sought treatment approximately 3 months later. The initial medical reports did not establish a work-related injury. Her pain increased in an August she reduced her shifts. The employer offered to sta...