 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
[T] Thompson v. Brown Brothers Inc.11/17/2003
Michael Thompson appeals from a ruling on judicial review affirming the agency decision which denied his claim for workers' compensation benefits. REVERSED AND REMANDED.
Michael Thompson appeals from a ruling on judicial review affirming the agency decision which denied him workers' compensation benefits. Because we conclude the chief deputy workers' compensation commissioner committed an error of law concerning the cumulative injury rule, we reverse and remand.
Background Facts and Proceedings
This case has a lengthy history which has been documented in detail in various agency, district court and Iowa Court of Appeals rulings. Because these rulings have extensively laid out the procedural background and facts of this case, we do not fully restate them here. However, we do note certain relevant portions of the facts and earlier proceedings.
Thompson is a journeyman electrician who has been employed by various contractors, including Brown Brothers, Inc., based on referrals made by a union. He was last employed by Brown Brothers from May 15, 1995, to July 8, 1995. Thompson submitted a report of injury to Brown Brothers on August 1, 1995, in which he claimed he suffered a shoulder injury on May 31, 1995, as the result of work-related exertions. Thompson underwent surgery on August 8, 1995, to repair a torn rotator cuff in his left shoulder. These proceedings commenced with Thompson's arbitration petition filed July 15, 1996, in which he alleged a left shoulder injury caused by repetitive trauma and an injury date of July 8, 1995. An arbitration decision filed March 4, 1998 held that the employer owed no compensation because Thompson's last employment with Brown Brothers "did not significantly increase or aggravate the injury." Thompson sought intra-agency review.
In an April 30, 1999 Appeal Decision, workers' compensation commissioner Iris Post reversed the deputy's decision and found Thompson had "carried his burden of proof to show that his current shoulder condition is caused by his work activity." The Commissioner further made the following findings and conclusions:
The fact that the rotator cuff tear may have begun prior to working for this employer is not determinative. Nor is the fact that claimant began seeking medical attention for his shoulder prior to working for this employer. Claimant's injury is not caused by a single traumatic event occurring prior to his employment with this employer. Rather, the medical evidence generally indicates that claimant's shoulder condition is caused by his work activity over several years. It was work for this employer that constituted claimant's "last injurious exposure" prior to the surgery of August 8, 1995. Claimant's treatment prior to the surgery, and prior to working for this employer, consisted of injections and conservative treatment only. While working for this employer, claimant's symptoms increased and he had to undergo surgery.
Although the jet ski accident was the incident that actually took claimant off work for defendant employer, it was work with this employer that caused an increase in claimant's symptoms immediately before the surgery on August 8, 1995. It is therefore held that claimant's cumulative injury manifested itself on July 8, 1995, and that the injury arose out of and was in the course of claimant's employment. It is also held that claimant's current shoulder condition is causally related to his work injury of July 8, 1995.
(Emphasis added).
On judicial review, the district court affirmed, focusing primarily on the fact his work at Brown Brothers constituted Thompson's last injurious exposure.
Brown Brothers s
Page 1 2 3 4 Iowa Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|