Court of Appeals Addresses Cumulative Work Injury/Notice Issue
In Pella Corp. v. Winn , No. 14-0771 (Iowa App. May 6, 2015), the Court of Appeals addressed issues concerning the date of injury in the context of a cumulative injury, and notice issues associated with the date of injury. Claimant was awarded benefits by the agency, but the district court concluded that the agency had failed to use the correct legal test in determining the date of the cumulative injury. The district court remanded the case to the agency and found that the employer was entitled to assert an untimely notice defense on appeal. The Court of Appeals agreed with the district court that the correct legal test was not used, but also finds that the notice defense could not be considered on remand. Claimant had a left shoulder injury and returned to work after that injury. She began having problems in the right shoulder and saw a nurse practitioner for the problem on June 1, 2010. Following an MRI, a rotator cuff tear in the right shoulder was als...