Court of Appeals Denies Review Reopening Claim Where Claimant was Transferred to a Different Position as a Result of his Injury and was Subsequently Laid Off
Linares v. Tyson Fresh Meats , No. 17-1409 (Iowa App. June 6, 2018) involved a situation where claimant was originally awarded a 40% industrial disability as a result of his injury. As a result of the injury, claimant was sent to work on a line which involved less physical work. The persons who were on this line were later laid off and claimant filed a review reopening petition, claiming that his economic circumstances had changed as a result of the layoff. Both the arbitration and appeal decisions concluded that the permanent work restrictions were known to the parties at the time of the arbitration decision and were considered at that time in determining claimant's industrial loss. Since the restrictions had not changed, there was no physical change and there was no economic change, according to the commissioner because the layoffs were not related to claimant's condition, but affected all employees equally. The district court affirmed, finding that claimant's co...