Court of Appeals Reverses Agency, Concludes that Claimant Need Not Prove a Discrete and Distinct Disability to Recover on Cumulative Injury Claim
In Gumm v. Easter Seal Society of Iowa, Inc., No. 18-1051 (Iowa App. May 15, 2019), the Iowa Court of Appeals reversed the decision of the commissioner and district court and held that a claimant was not required to prove a discrete and distinct injury to prove a cumulative injury had occurred. Claimant had suffered and injury to her right ankle in 2008 and was provided with a 17% rating for this injury. She returned to work following the injury. In 2014, claimant filed another petition, alleging that she had sustained a cumulative injury to the right ankle following her return to work. The commissioner concluded that claimant had not suffered a distinct and discrete injury and held that under Ellingson , the failure to demonstrate such an injury defeated her claim. The commissioner found that the deterioration of claimant's ankle condition was a sequella of the initial injury and was not compensable, as claimant was outside the statute on limitations on ...