Court of Appeals Addresses Manifestation Date, 90 Day Notice
In Tyson Foods v. Shaw , No. 12-0432 (Iowa App. Oct. 3, 2012), the court addressed issues of the manifestation date of the injury, and the corollary issue relating to the 90 day notice requirement. The court affirmed the commissioner's findings which indicated that the manifestation date was sufficient to bring claimant within the 90 day notice requirement. The court also found that substantial evidence supported the conclusion that claimant's manifestation was correct found by the agency. Claimant alleged a cumulative injury to his feet from his work at Tyson. As a part of his job, he had to lift 50 pound bags of chemicals, and had to push heavy items. He was required to wear rubber pullover boots on the job. Claimant testified that his feet slipped in the boots because they were too large. Claimant also had diabetes. When problems began to develop with his feet, Tyson replaced his standard boots with leather steel toed boots. Claimant ...