Court of Appeals Concludes that Rejection of Review Reopening Claim Against the Second Injury Fund was Proper
In Grahovic v. Second Injury Fund of Iowa , No. 14-1295 (Iowa App. June 10, 2015), the court was presented with a situation where claimant sought review of an earlier denial of a claim against the Fund. Claimant had suffered multiple scheduled injuries, but liability of the SIF had been denied previously. The court found that a review reopening was improper in the circumstances of the case. Claimant had a left leg injury in 1997, and a right leg injury in 2001. He settled a claim against the Fund in 2003 on a closed file basis. Claimant later had an injury to his left knee in 2005. He brought a claim against the Fund with the left knee injury of 2005 being the second injury and the right leg injury of 2001 being the first injury. He settled with the employer and went to hearing against the Fund. The agency found that claimant failed to prove his left leg injury and even if he did, had failed to prove that this caused permanent disability...