Supreme Court Concludes Apportionment Does Not Apply to Successive Injuries with Different Employers
In Roberts Dairy v. Billick , No. 13-1009 (Iowa April 3, 2015), the Supreme Court for the first time addressed the meaning of the apportionment provisions of section 85.34(7) of the Iowa Code and concluded that in a situation where an employee has an injury with one employer, and later has an injury with a different employer, apportionment does not apply. Claimant had a back injury in 1985 which resulted in the assessment of an 85% industrial disability in an agreement for settlement. Claimant was able to get back to work and had another injury in 1993, resulting in injuries to his head, neck, left shoulder, ribs, back and left arm. This was settled on an agreement for settlement under Missouri law for 18.5%. Claimant began working for Roberts Dairy in 2001. He suffered an ankle injury in 2004; injuries to his head, neck and left shoulder in 2004; a thoracic compression fracture in 2006; and a chest/shoulder injury which also caused emotional trauma in 2007. ...