Supreme Court Reverses Ellingson - Finds that Multiple Healing Periods are Permissible
In Waldinger Corp. v. Mettler , 817 NW2d 1 (Iowa 2012), the Supreme Court finds that multiple healing periods are consistent with section 85.34(1) of the statute, and overrules its earlier decision in Ellingson v. Fleetguard , 599 N.W.2d 440 (Iowa 1999). Mettler involved a relatively straightforward situation where claimant was found to have reached maximum medical improvement (MMI) by his doctors, was paid permanency benefits, and was later found to be in need of additional surgery for his ankle problems. That surgery was performed, and a few years later a third surgery was performed, following which claimant was off work from September 18, 2007 until December 7, 2007. In addition to awarding permanency benefits, the commissioner found that claimant was entitled to healing period benefits following the third surgery. Ultimately, the Court of Appeals concluded that the commissioner had no special expertise in interpreting the statute and held, based on Ellingson , t...