Court of Appeals Affirms PTD Decision, Finds Pre-Employment Retirement Plans Not Preclusive of PTD
In Archer Daniels Midland v. Warren , No. 14-0956 (Iowa App. April 22, 2015), the court affirmed an agency decision finding permanent total disability. The court rejected defendants' claim that claimant's plan to retire, which were made before the injury occurred, precluded an award of permanent total disability. Claimant had a severe, preexisting injury to his right hip. Despite this, claimant was able to work steadily from 1969, when the injury occurred, through 2001, when he began to work for ADM. His health at that time was said to be excellent and he was under no restrictions. Claimant began to suffer pain in his hip and went to his doctor in January of 2009. He was treated symptomatically for over a year and the possibility of a total hip arthroplasty was discussed in September of 2010. The total hip replacement was conducted on February 22, 2011. Claimant returned to work but was told that his restrictions could not be accommodate...