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Showing posts with the label running healing period

Court of Appeals Affirms Running Healing Period Award

In Tyson Foods, Inc. v. Teah , No. 15-1776 (April 27, 2016), the Court of Appeals addressed a situation where claimant developed a shoulder injury as a result of repetitive work activities at Tyson. Claimant was found to have reached maximum medical improvement, but continued to complain of shoulder problems.  Dr. Adams concluded that claimant had chronic calcific tendinitis, but not evidence of a rotator cuff tear.   He found that work activities had aggravated her condition.  He found that work had accelerated her condition, but also found that no surgery was currently needed but that a surgery in the future would not be work-related.  Tyson denied liability. Claimant was asked to sign a non-work leave of absence.  She refused and was eventually terminated. At hearing, the agency concluded that claimant had demonstrated that she had a compensable injury and awarded a  running healing period.  Defendants appealed, claiming that if Dr. Adams' opinion...

Court of Appeals Affirms Award of Temporary and Permanent Benefits

Catholic Health Initiatives v. Hunter , No. 14-0202 (Iowa App. Nov. 26, 2014) involved questions of causation, healing period benefits, permanency benefits and medical care.  The Court of Appeals affirmed the commissioner's award of benefits. Claimant had systemic lupus and was receiving social security disability benefits, but returned to work after those benefits were terminated.  She suffered a traumatic injury to her left wrist, hip and knee, and also complained of headaches as a part of this injury.  Following this incident, claimant had a fall at home and visited the doctor following that fall.  Claimant's symptoms had largely resolved when she slipped and fell again at work on March 3, 2010 (the earlier injuries were in 2009).  She was placed on work restrictions following this fall. Claimant was offered light duty work during the day, but could not perform that work because of family obligations.  No light duty work was available at night. ...