Iowa Workers' Compensation

In Tameklo v. Tyson Foods, Inc., No. 15-0222 (Iowa App. Nov. 12, 2015), the commissioner addressed a situation where claimant suffered a shoulder injury and later developed avascular necrosis.  The commissioner concluded that the avascular necrosis was related to work and awarded healing period benefits. Tyson challenged the finding that claimant's avascular necrosis arose out of employment. The first two physicians that saw claimant did not conclusively indicate one way or another whether the injury was related to employment.  Claimant's IME physician, Dr. Bansal, concluded that the avascular necrosis was related to employment, noting that claimant did not have avascular necrosis prior to the surgery, and that the shoulder that was injured was the only location where claimant had avascular necrosis.  The district court reversed the decision of the commissioner, but on appeal, the Court of Appeals reinstated the decision of the commissioner,finding that the commissioner...

Claimant in Larson Manufacturing Co. v. Wander , No. 13-0567 (Iowa App. January 23, 2014) suffered a back injury while lifting a wood storm door core onto an assembly line.  Claimant was provided several high-dose steroidal regimens.  A MRI showed a disk bulge and possible avascular necrosis in the hips.  Ultimately, claimant had a total hip replacement with Dr. Noiseux.  Dr. Noiseux related this to the work accident.  Claimant also developed necrosis in the shoulder, and this was related to the steroidal treatment by Dr. Emerson.  Dr. Galles agreed with this assessment.  At hearing, the parties stipulated that the shoulder necrosis was work-related, but not the hip necrosis (primarily because the hip necrosis was diagnosed just after the steroidal treatment had begun). The deputy found that the hip condition was related to employment.  On appeal, the commissioner affirmed "noting the deficiencies in the opinions of all the physicians who render...