Potentially Significant Cases Post 7-1-17 DOI
The following are brief synopses of some of the cases that have been decided in cases involving post 7-1-17 dates of injury and the applicability date of the 2017 law. Rubalcava v. Siouxpreme Egg Products , No. 5066865 (Arb. June 23, 2020) - In this action, Deputy Grell concludes, based on the opinions of Dr. Archer, concludes that claimant’s injury, which was characterized as a shoulder injury, extended into the body. Claimant had rotator cuff tears which were found to be proximal to the shoulder joint, as well as a distal clavicle excision. The decision indicates that the analysis was similar to that of finding a wrist injury to be an injury to the arm rather than the hand. The decision also analyzes earlier decisions concerning “shoulder” injuries. Ultimately, because claimant returned to work, the claim was limited to the rating of impairment (9%) to the body as a whole under 85.34(2)(x). Alm v. Archer Daniels Midland , No. 5067128 (Arb. June 10, 2020) -...