Court of Appeals Reverses District Court Holding that Res Judicata Barred Review-Reopening Claims; Affirms Award of Permanent Total Disability
Interstate Power & Light Co v. Moyer , No. 22-1917 (Iowa App. Dec. 20, 2023) Claimant suffered a crush injury to his foot and was awarded permanent partial disability benefits. Three years later, claimant filed for review-reopening and was awarded permanent total disability. Following the initial injury to the foot, claimant developed back problems that ultimately led to the implantation of a lumbar neurostimulator and an operation (a gastrocnemius release) on claimant's calf. Claimant continued to have low back and hip pain. Claimant also developed mental health problems, diagnosed as pain disorder with psychological factors, including major depressive disorder. Defendants' doctors found the mental health problems were not work-related, but claimant's IME doctor concluded that the depression was related to claimant's physical injuries. At hearing, defendants argued that an increased award was barred by res judicata and that permanent and total d...