Court of Appeals Finds that Claimant Failed to Preserve Error on Alleged Shoulder/Arm Issues; Affirms Denial of Temporary Benefits
Archer Daniels Midland v. Williams , No. 22-2075 (Iowa App. Dec. 20, 2023) Claimant had an injury to the shoulder which he claimed extended beyond the shoulder to the body as a whole. During the course of litigation, the Supreme Court decided Deng and Chavez , which addressed the issues concerning the shoulder that applied in this litigation. At the district court level, Claimant shifted his approach to indicate that he had suffered a shoulder/arm injury, which should have been treated industrially. Because Deng and Chavez had not been decided by the courts while claimant's case was being litigated, and this was the only issue raised before the commissioner, no decision was reached by the agency on the shoulder/arm issue. The Court concludes that error was not preserved, as claimant did not pursue the shoulder/arm issue until he reached the district court. The district court had concluded that claimant preserved the issue because "the parties have ...