Court of Appeals Decides Case on Notice, Hearing Loss
In Ruiz v. Revstone Casting Industries, LLC , No. 16-1728 (Iowa App. Dec. 6, 2017), the court affirmed the decision of the agency that claimant had not provided sufficient notice of his hearing loss, back and hand claims and affirmed the district court's order remanding claimant's back injury claim to the commissioner. Claimant worked for the employer as a grinder for 25 years. He began to feel he had a right to "something" from his injuries after he was prescribed hearing aids. Claimant noted that he had made doctors' appointments on his own for his hands. Claimant ultimately retired from Revstone in 2011 because of the pain in his foot, hands and back in addition to his hearing loss. With respect to the carpal tunnel claim, the commissioner failed to specify a date of injury for the claim. The court indicates that the carpal tunnel claim was a cumulative injury requiring application of the standard under Oscar Meyer Foods Corp. v. Tasler which i...