Iowa Workers' Compensation

P.M. Lattner Manufacturing Co. v. Rife , No. 22-1421 (Iowa Feb. 9, 2024) Claimant suffered a right shoulder injury in 2009, which ultimately resulted in a commutation settlement for 29.6% of the body as a whole.  Claimant subsequently suffered another injury to the right shoulder in 2018, following changes to the Code which made shoulder injuries unscheduled.  At hearing, claimant was awarded a 19% functional impairment for the injury to his right shoulder.  The employer argued that the entire award should be credited given that the earlier commutation resulted in a greater award than the second right shoulder injury.  The commissioner rejected this argument, but noted that defendants could arguably be entitled to a credit for the functional portion of the injury.  In this case, however, defendants failed to prove the amount of the credit and thus no credit was awarded. A secondary issue was also presented regarding payment of the IME.  The commissioner awa...

P.M. Lattner Mfg. Co. v. Rife , No. 22-1421 (Iowa App. June 7, 2023) The district court concluded that claimant was not entitled to payment for an IME and remanded the agency decision for consideration of the appropriate credit for a prior injury with the same employer.   The Court of Appeals remands to the commissioner to determine the fee related to claimant's right shoulder injury and also finds that the remand to determine credit was appropriate. Claimant had earlier suffered an injury at work to his right shoulder which resulted in a full commutation of benefits.  As a part of this settlement, the employer received a credit for permanent impairment to claimant's shoulder against future injuries to the same shoulder. Nine years later, claimant suffered another injury to the shoulder and obtained an IME for the shoulder.  The commissioner concluded that claimant was entitled to payment for the IME and found that defendant was not entitled to credit for the prior should...