Iowa Workers' Compensation

The case of Square D Company v. Plagmann ,No. 1-869 (Iowa App. Dec. 21, 2011) addressed an issue that does not appear frequently before the appellate courts - the question of tinnitus.  In Plagmann , the court concluded that the decision of the deputy commissioner who found that claimant's tinnitus was related to work was supported by substantial evidence. Dr. Tyler concluded that claimant's work with Square D had resulted in hearing loss and tinnitus, and provided a 4.5% impairment rating.  Dr. Tyler also found, incorrectly, that claimant had not worn hearing protection until he had worked with the employer for fourteen years (claimant had testified that even though there was no hearing protection program, he had worn hearing protection).  Dr. Hoisington concluded that claimant's hearing loss and tinnitus were not related to his work, in part because his hearing loss continued to worsen after he left work.  The deputy who heard the case sided with Dr. Hoisington, ...