Court of Appeals Affirms Dismissal of Claim on Notice, Statute of Limitations Grounds
The Court of Appeals affirmed the decision of the commissioner dismissing claimant's case on grounds of lack of notice and statute of limitations. Ross v. American Ordnance , No. 16-0787 (Iowa App. Jan. 11, 2017). Claimant hurt her shoulder on November 1, 2012 and told her supervisor about this injury. She was asked whether she needed to see a doctor but claimant indicated she was not hurt that bad. She did not fill out an injury report. She continued to have problems with her shoulder and saw a doctor for a cortisone injection on January 11, 2013. An incident report was made on March 14, 2013 and claimant was diagnosed with a rotator cuff tear and later had surgery. At hearing, claimant testified that she told her supervisor she had hurt her shoulder. The supervisor testified that claimant told him her shoulder "hurts a little bit." He was not sure claimant was relating her injury to work and did not ask whether she was injured while worki...