Court of Appeals Holds That a First Injury Against the Second Injury Fund Can Be Substantiated Despite the Lack of Medical Records to Document the Injury
In Huffey v. Second Injury Fund and Mail Contractors of America, No. 18-2055 (Iowa App. April 2, 2020), the court held, among other things, that claimant did not need to produce medical records concerning the first injury in order to establish a loss or loss of use under section 85.64 in SIF cases. This action affirmed the decision of the district court, which had reversed the action of the agency. Claimant brought an initial action against the employer. The commissioner found that claimant had established a 2% injury to the right knee in 2011, but denied that claimant had a sequela injury to the left knee as a result of the right knee injury. Claimant subsequently filed an action for a 2012 for a left knee injury. The deputy awarded a 50% impairment for the left knee, which was reversed by the commissioner. Claimant's SIF claim was for a right arm injury in 1999 and right knee injury in 2011. Despite these allegations, the agency treated the ri...