Court of Appeals Applies Tweeten Decision to Cumulative Injury
Tyler v. Tyson Fresh Meats , No 23-0393 (Iowa App Feb. 7, 2024) Claimant retired on October 31, 2018 and notified his employer of an alleged cumulative back injury on October 22, 2019. The commissioner concluded that the claim was barred by section 85.23, as claimant had not notified the employer of his injury in a timely manner. Claimant's discovery rule argument was rejected, The district court also rejected the argument. At the Court of Appeals, claimant argued that the the commissioner erred by not making separate determinations as to when claimant knew the nature, seriousness and compensable character of his injury. The Court notes this argument, but indicates that following the appeal, the Supreme Court had issued its decision in Tweeten v. Tweeten , 2023 WL 8853036 (Iowa 2023). The Court concluded that under Tweeten , the issue of whether the application of the discovery rule applied to only one or all three of the elements of the discovery rul...