Court of Appeals Concludes Claimant Preserved Error on Industrial Disability Benefits Issue
Schoenberger v. Zephyr Aluminum Products No. 22-1613 (App. April 12, 2023) Claimant suffered an injury to his left shoulder, resulting in a rotator cuff repair. Testing demonstrated tha tclaimant had ulnar neuropathy at the left elbow, which an IME found was a sequela to the original injury. The deputy found claimant failed to demonstrate an injury that extended into the body as whole and 76 weeks of benefits were awarded due to the shoulder injury. Claimant appealed, arguing that he had established an industrial disability. The appeal decision failed to specifically address whether his injury qualified as industrial because it constituted a combined shoiulder and arm injury. The district court found that error on this issue had not been preserved as claimant had not "previously and explicitly raised the question of a combined shoulder and arm injury or secured a ruling thereon." On appeal, claimant contended that raising his industrial disability a...