Iowa Workers' Compensation

  Archer Daniels Midland v. Williams , No. 22-2075 (Iowa App. Dec. 20, 2023)  Claimant had an injury to the shoulder which he claimed extended beyond the shoulder to the body as a whole.  During the course of litigation, the Supreme Court decided Deng and Chavez , which addressed the issues concerning the shoulder that applied in this litigation.  At the district court level, Claimant shifted his approach to indicate that he had suffered a shoulder/arm injury, which should have been treated industrially.  Because Deng and Chavez had not been decided by the courts while claimant's case was being litigated, and this was the only issue raised before the commissioner, no decision was reached by the agency on the shoulder/arm issue. The Court concludes that error was not preserved, as claimant did not pursue the shoulder/arm issue until he reached the district court.  The district court had concluded that claimant preserved the issue because "the parties have ...

In Harper v. Lensing, Ltd., No. 17-1615 (Iowa App. July 18, 2018), the Court of Appeals affirmed the industrial disability findings of the agency in light of claimant's argument that the agency had not demonstrated a "logical pathway" outlining the commissioner's industrial disability determination.   Claimant suffered an automobile accident while at work, as a result of which her duties were modified.  She later had a fall at home, was placed on light duty and ultimately had her restrictions lifted.  Claimant then developed pneumonia and missed substantial amounts of work.  The employer terminated her employment. Claimant was paid 17 weeks of benefits before hearing.  The deputy and commissioner concluded that claimant was not entitled to permanency above the payment of that 17 weeks of benefits.  The commissioner relied on the opinions of Dr. Jones and Dr. Broghammer.  Claimant sought rehearing and the commissioner again found that he r...