Supreme Court Concludes that Functional Portion of Industrial Injury is Apportionable Under 85.34(7)
Loew v. Menard, Inc. , No. 22-1894 (Iowa Feb. 9, 2024) Claimant suffered a low back injury resulting in a 20% functional impairment and a resulting 30% award of industrial disability. Claimant suffered a second work-related back injury, which was compensated functionally as he continued to work for the employer earning wages in excess of those at the time of the injury. As a result of the second award, claimant was found to have a 28% functional disability. The commissioner concluded that the employer was not required to pay additional benefits for the second injury, as the employer received a credit for the 30% award that had previously been paid, which was in excess of the 28% functional award. The district court affirmed the commissioner's decision. The Supreme Court accepted review of the claim. The Court first notes that Iowa's worker's is statutorily based and that the statute is "liberally construe[d] . . .in claimant's favor to effectuate the statut...