Court of Appeals Decides Case Involving Accommodated Work
In Norton v. Hy-Vee, No. 16-1299 (Iowa App. Nov. 8, 2017), claimant's back and neck injury resulted in a 25% loss in hours in her work as a pharmacy tech. Despite the injuries, she continued to work and was described as a motivated and valuable employee both before and after the injury. Claimant argued that she was permanently and totally disabled, inasmuch as she would not have been able to work absent the accommodations provided by Hy-Vee. The employer argued that claimant did not have a significant industrial disability because she continued to work. The deputy and commissioner found that claimant was entitled to a 70% industrial disability. The commissioner found that the award of permanent disability was based on claimant's ability to continue as a pharmacy tech and her ability to find new employment should she leave Hy-Vee. The district court affirmed, finding that the agency had correctly interpreted decisions focusing on claimant's ability to earn i...