Court of Appeals Decides Review-Reopening Claim Involving Weight Loss Surgery and Commencement Date for Benefits
In Verizon Business Network Serv., Inc. v. McKenzie , No. 11-1845 (Iowa App. Oct. 17, 2012), the court grappled with issues involving review reopening and the commencement date of such benefits, and also concluded that weight loss surgery was not related to the work injury. The case had previously been remanded by the court in November of 2010, to be reconsidered under the review-reopening standard set forth in Kohlhaas . Claimant had initially been found to have a 25% industrial loss as a result of her back injury, and the commissioner had concluded on the initial review reopening that she was permanently and totally disabled. The court also indicated that the commissioner should reconsider payment for the bypass surgery under Bell Bros. v. Gwinn . Finally, the agency was to redetermine the correct date for commencement of benefits. On remand, the commissioner found that claimant was unable to work due to her spine injury. The commencement date for benefits ...