Iowa Workers' Compensation

  Delaney v. Second Injury Fund , No. 23-0182 (Iowa App. Oct. 25, 2023) Claimant's petition against the Second Injury Fund was dismissed because the deputy concluded claimant had not suffered a compensable second injury.  The deputy found that claimant's second injury, because it was combined with a non-scheduled injury rendered claimant's Fund claim non-compensable, citing Braden v. SIF.   This finding was affirmed by the commissioner and the district court. Claimant's second injury was an injury to her right lower extremity, which resulted in a right total knee arthroplasty, for which claimant was restricted from work for a time.  She ultimately had no restrictions from the knee replacement. Subsequent to being found at MMI, claimant developed post-surgery lymphedema, which was likely due to destruction of claimant's lymph from the knee replacement surgery.  Claimant's IME provided a 37% impairment of the lower extremity for the knee replacement and a 3% impai...

In Hennigar v. Second Injury Fund , No 09-0343 (Iowa App. Jan. 20, 2011), the court concluded that claimant had failed to establish a first injury, and had also failed to demonstrate a second injury, leading to a denial of Second Injury Fund benefits.  The commissioner had earlier denied Fund benefits. Claimant had an eye condition which she alleged as a first injury.  Three doctors had concluded that there was no permanent impairment as a result of the eye injury, and a fourth doctor, who had originally concluded that there was a 1% impairment, recanted this opinion when deposed.  Claimant presented the testimony of herself and her daughter, both of whom testified that claimant had watering in her eye, and her vision had deteriorated.  Testimony was also presented that claimant had difficulty driving. The commissioner concluded that claimant's eye condition did not result in a permanent disability and loss of use to either eye.  Because there was no loss of...