Second Injury Fund Case Involving Injuries to Same Extremity Decided Favorably to Claimant
The case of Second Injury Fund of Iowa v. Armstrong , No. 1-280 (Iowa App. May 25, 2011), although discussing primarily the question of whether claimant's injury extended into the body as a whole, potentially broadens the scope of Fund claims to include claims involving the same extremity, such as a right hand and right arm or left foot and left leg. These types of injuries, under Anderson v. Second Injury Fund of Iowa, 262 N.W.2d 789 (Iowa 1978), had previously been found not compensable by the Supreme Court. In Armstrong, claimant's first injury was to the left foot. In 2005, his left leg was crushed, resulting in further injury. The treating doctor also found that there was a skin injury, but this doctor later opined that this injury was confined to the lower extremity. There had also been a finding that claimant had a neuropathy, but again the treating doctor and IME doctor found that this did not extend into the body as a whole. The Fund argued that clai...