Iowa Workers' Compensation

  Delaney v. Second Injury Fund , No. 23-0182 ((Iowa May 10, 2024) Claimant suffered an injury to her left leg and 33 years later suffered an injury to her right leg. Following surgery on the right leg, claimant developed lymphedema. She filed for benefits against the Fund and the commissioner concluded that because lymphedema was an unscheduled injury, claimant was not entitled to benefits against the Fund under 85.64. The district court affirmed the decision of the commissioner. The Court of Appeals reversed, finding that even if a second injury resulted in a sequella body as a whole injury, claimant was still entitled to consideration of the second injury under 85.64. The Supreme Court first concludes that the agency erred in concluding that a per se rule for vascular injuries that concluded that such injuries precluded an action against the Fund was erroneous.The Court rejects the reliance of the agency on Blacksmith v. All-American , finding that Blacksmith  did not suppo...

In Linden v. Tyson Foods, Inc. , No. 14-0141 (Iowa App. Oct. 1, 2014), claimant suffered a comminuted fracture to her elbow.  Claimant argued that the injury had also affected her shoulder and should have been treated as an industrial injury.  The agency found that there was only a scheduled member injury and the district court affirmed, finding that the situs of the injury was the anatomical location of the physical damage or derangement. Without a great deal of discussion, the court concludes that the agency correctly interpreted the law with respect to when a scheduled member can be deemed to extend to the body as a whole.  The court further found that substantial evidence supported the agency's finding that claimant's complaints of pain in her shoulder were not due to her work accident.  The court concluded that it was within the agency's prerogative to weigh the evidence on these issues and concluded that substantial evidence supported the conclusion reached b...