Court of Appeals Affirms 5% Industrial Disability Award
In Lampman v. Crystal, Inc., No. 14-1983 (Iowa App. 2015), claimant challenged a 5% industrial disability award as being too low. On substantial evidence grounds, the Court of Appeals affirmed the commissioner's award. Claimant injured her back lifting residents at a care center. Claimant had a history of back problems, but had a specific incident on May 9, 2009. She was fired by the nursing home two days after the incident. The back injury was accepted and Dr. Miller ultimately indicated that claimant had an impairment of 1% to 2% of the lumbar back and released her without restrictions. Dr. Miller indicated that he did not believe claimant would get worse "as she is not working." Dr. Jones performed an IME, provided a 5% impairment rating and imposed restrictions of lifting no more than 30 pounds occasionally and 15 pounds frequently. He did not believe that claimant could perform her former duties as a CNA. Claimant also saw Dr. McGuire, who agre...