Court of Appeals Affirms Commissioner's Finding of Cumulative Injury, Temporary Benefits and Costs
Central Iowa Fencing v. Hays , No. 21-1530 (Iowa App. July 20, 2022) Claimant suffered an injury at work which resulted in his physician restricting him from returning to work. Because of this restriction, the employer would not place claimant back to work, at the same time denying his workers' compensation claim. Claimant applied for and was granted benefits because the employer had no work available or was not willing to accommodate work restrictions. The deputy ultimately found that claimant had suffered a cumulative low back injury. Because claimant had not reached MMI, only temporary benefits were awarded. The commissioner affirmed this decision. On judicial review, the district court found that there was substantial evidence to support the decision of the commissioner and affirmed that decision. The Court of Appeals first dismisses defendants' argument that because claimant did not specifically plead a cumulative injury, the agency could not ha...