Supreme Court Decision in Second Injury Fund of Iowa v. Kratzer
The decision in Second Injury Fund of Iowa v. Kratzer , 778 N.W.2d 42 (Iowa 2010) followed close on the heals of the decision in Gregory v. Fund , which addressed similar issues. In Kratzer , claimant suffered an injury to both legs and lower back in 1994, which ultimately resulted in a decision by the commissioner, affirmed on appeal, of a 20% industrial disability. In 2002, claimant had another injury to her left leg, which was settled with the employer just before hearing. The arbitration decision found a first and second injury, and awarded 40% industrial disability. On appeal before the commissioner, the finding of first and second injuries was maintained, but the award was increased to permanent total disability under the odd-lot doctrine. On judicial review, the district court concluded that although claimant's first injury to the right leg was a qualifying injury, the injury to the left leg in 2002 was not because the same member was injured in the 1994 accident (a bi...