Iowa Workers' Compensation

  Klein v. Whirlpool Corp. , No. 25-0458 (Iowa App. Jan. 7, 2026) The fighting issue in this case is whether a distal clavicle excision is to be rated in full or to be reduced based on a modifier.  In the case, claimant's IME doctor concluded the modifier did not apply under the Guides.  Defendant's doctor did not rate the distal clavicle excision at all, rating the shoulder only on the basis of loss of motion.  The agency concluded that in an earlier decision (Jay v. Archer Skid Loader Service), the modifier had been used even though no doctor had used this.  In that case, according to Jay, it was the agency's duty to calculate ratings in accordance with the AMA Guidelines.  In this case, the commissioner found that the agency must determine whether the rating was in compliance with the AMA Guides.  The District Court affirmed the decision of the agency, finding that the agency's interpretation of the Guides did not qualify as prohibited usage of agen...

  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...

  Chavez v. MS Technology, LLC, No. 21-0777 (Iowa April 1, 2022) Deng v. Farmland Foods, Inc. , No. 21-0760 (Iowa April 1, 2022) In these two cases, the Supreme Court addressed, for the first time, whether the 2017 changes made by the Iowa Legislature creating a a new 85.34(2)(n) and a new scheduled member injury for injuries to the "shoulder" was limited to the glenohumeral joint or extended beyond that joint to other structures affecting the shoulder.  The question raised was whether injuries outside of the glenohumeral joint should be considered to be industrial disabilities or limited to the 400 weeks of benefits under 85.34(2)(n).  The Court, in an opinion announced in the Chavez  case, held that shoulder injuries were not limited to those affecting the glenohumeral joint and further found that shoulder cases are to be determined according to the 400 week schedule in 85.34(2)(n). Claimant Chavez was found to have a full thickness rotator cuff tear and underwent ...