Court of Appeals Affirms Finding that Injury Arose Out of Employment
In O'Reilly Auto Parts v. Alexander , No. 11-1864 (Iowa App. Oct. 31, 2012), the court addressed two issues. The first was whether claimant's injury arose out of and in the course of employment. The second was whether the commissioner had erred in sua sponte entering an insurance carrier into the proceedings. The court affirmed on both counts. Claimant contended he had suffered a back injury while unloading a tote from a truck and twisting his body to take a step. Injury reports did not reflect the date of injury actually claimed in the action. Claimant was not sent to see the company doctor, and did not initially explain the mechanism of injury to his family doctor. Dr. Ray concluded that claimant had sustained a worsening of pain from the work accident. Claimant subsequently had a stroke and explained at hearing that he had problems with memory. The claim was denied by the deputy but the commissioner reversed and concluded that claima...