Supreme Court Holds That Surgery Itself Is Not Sufficient To Establish Industrial Disability
In Westling v. Hormel Foods Corp ., 810 NW2d 247 (Iowa 2012), claimant developed shoulder problems and what was originally disagnosed as a partial rotator cuff tear, which was followed by surgery. The operative report noted significant fraying of the anterior and superior labrum, as well as inflammation along the subscapularis muscle, but no rotator cuff tear was found. Claimant was released with no restrictions, and the surgeon concluded that the surgery did not cause claimant to have a permanent impairment. Claimant subsequently retired. Dr. Mary Shook performed an IME for claimant, and Dr.Shook attributed pain to arthritis and not overuse. She concluded that claimant's current symptoms are not from repetitive tasks due to work assignments. Dr. Shook concluded there was a 2% impairment in claimant's right shoulder and 3% in the left shoulder, both caused by arthritis. Claimant was found to have no permanent impairment at the commissioner level....