Iowa Workers' Compensation

As presented by the Supreme Court in Gumm v. Easter Seal Society of Iowa, Inc. , No. 18-1051 (Iowa May 1,  2020), the issue before the court was "whether a workers' compensation claimant who receives disability benefits for a traumatic injury can later recover disability benefits on a separate disability claim if the cumulative injury is based solely on aggravation of the earlier traumatic injury."  The court unanimously concluded that Ms. Gumm could not recover. Claimant initially suffered a fracture of her right ankle, for which she was paid WC benefits following surgery.  The last payment of benefits for the injury was on May 10, 2010.  Claimant continued to suffer from right ankle pain and in January of 2012 returned to the treating physician.  The physician believed that this could have been from a coincidence or from compensating for her right ankle pain. On April 11, 2012, she underwent another surgery, returning to full-duty work on May 3.  Cla...

In Gumm v. Easter Seal Society of Iowa, Inc., No. 18-1051 (Iowa App. May 15, 2019), the Iowa Court of Appeals reversed the decision of the commissioner and district court and held that a claimant was not required to prove a discrete and distinct injury to prove a cumulative injury had occurred.  Claimant had suffered and injury to her right ankle in 2008 and was provided with a 17% rating for this injury.  She returned to work following the injury.  In 2014, claimant filed another petition, alleging that she had sustained a cumulative injury to the right ankle following her return to work.  The commissioner concluded that claimant had not suffered a distinct and discrete injury and held that under Ellingson , the failure to demonstrate such an injury defeated her claim.  The commissioner found that the deterioration of claimant's ankle condition was a sequella of the initial injury and was not compensable, as claimant was outside the statute on limitations on ...