Court of Appeals Holds that Injuries to Two Shoulders Are Not to be Considered Industrially Under 85.34(2)(v)
Nordstrom v. Carmer , No. 23-1423 (Iowa App. May 8, 2024) Claimant suffered an accepted injury to her right shoulder in August of 2018. She subsequently developed pain in her left shoulder due to overcompensating for her right shoulder injury with her other arm. Claimant's IME physician opined that the left shoulder injury was due to overcompensation due to the right shoulder injury while defendants' doctor indicated that the left shoulder injury was due to rheumatoid arthritis and was not work-related. The commissioner concluded that both shoulder injuries arose out of and in the course of employment and found that the injuries should be treated as unscheduled under 85.34(2)(v). The district court affirmed the decision of the commissoiner. On appeal, the Court of Appeals first concludes that the report of Dr. Segal, claimant's IME doctor, was supported by substantial evidence. The Court noted that the decision concerning medical causation was essentially within the do...