Iowa Workers' Compensation

In Ruiz v. Revstone Casting Industries, LLC , No. 16-1728 (Iowa App. Dec. 6, 2017), the court affirmed the decision of the agency that claimant had not provided sufficient notice of his hearing loss, back and hand  claims and affirmed the district court's order remanding claimant's back injury claim to the commissioner. Claimant worked for the employer as a grinder for 25 years. He began to feel he had a right to "something" from his injuries after he was prescribed hearing aids.  Claimant noted that he had made doctors' appointments on his own for his hands.  Claimant ultimately retired from Revstone in 2011 because of the pain in his foot, hands and back in addition to his hearing loss.  With respect to the carpal tunnel claim, the commissioner failed to specify a date of injury for the claim.  The court indicates that the carpal tunnel claim was a cumulative injury requiring application of the standard under Oscar Meyer Foods Corp. v. Tasler  which i...

In Gallo v. Penford Products Co. , No. 12-1472 (Iowa App. March 13, 2013), the court affirmed a 60% industrial disability award, and denied claimant's contention this his mental disorder arose out of and in the course of his work.  Claimant had suffered an accepted back injury while working, and continued to work after surgery.  Claimant was subsequently fired from his employment when it was found out that he had been found to be impersonating a physician for the purpose of obtaining narcotics.  Despite these facts, and the finding by the deputy, affirmed on appeal, that claimant was not a credible witness, claimant argued that he was permanently and totally disabled.  The evidence on this score was conflicting, with vocational experts reaching opposite conclusions about claimant's motivation to work, and ability to work in light of his back injury.  Particularly telling was the fact that claimant continued to work for two years following the injury, before he w...