 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
PREWITT v. FIRESTONE TIRE & RUBBER CO.4/30/1997
The issue presented in this appeal is whether the Industrial Commissioner correctly found a claimant sustained a scheduled loss based on an impingement syndrome injury to his right shoulder followed by treatment which included a resection of the distal clavicle. The district court affirmed the commissioner. We conclude the findings of the commissioner were not supported by substantial evidence. We reverse the district court and remand this case to the Industrial Commissioner.
Solomon Prewitt sustained an injury to his right shoulder on September 30, 1987, while working for Firestone Tire and Rubber Company as a tire builder. The injury was eventually diagnosed by Dr. Scott Neff, an orthopedic surgeon, as impingement syndrome of the right shoulder. This syndrome results when the space around the rotator cuff and surrounding bursa is narrowed, causing irritation to the cuff. Prewitt filed a claim for workers' compensation benefits.
Dr. Neff performed surgery which consisted of a Mumford resection of the distal clavicle. This procedure removed a small portion of the inferior surface of the acromion, as well as the small joint where the collar bone attaches to the acromion. The surgery successfully repaired the impingement and according to Dr. Neff, eventually restored full range of motion to Prewitt's right shoulder.
Dr. Neff concluded Prewitt sustained a five percent impairment to his "right upper extremity," but "not to his body as a whole." Although he found Prewitt had full range of motion to his right shoulder, Dr. Neff assigned a five percent impairment to Prewitt's "right upper extremity" based on the surgery he performed. Dr. Neff relied on the American Medical Association's Guides to the Evaluation of Permanent Impairment, as well as the Orthopedic Guidelines published by the American Academy of Orthopedic Surgeons, which he indicated recognize a permanent impairment to the "upper extremity" as a result of the type of surgery performed on Prewitt's shoulder.
Although there was evidence from another doctor that Prewitt did suffer a five percent impairment due to some loss of motion to his right shoulder, in addition to the five percent impairment due to the surgery, the Industrial [564 NW2d Page 854]
Commissioner found Prewitt sustained a five percent impairment limited to his right arm. This finding followed an initial hearing, review hearing, judicial review, and remand hearing. The district court affirmed the Industrial Commissioner following the remand hearing and Prewitt appealed.
Prewitt claims the finding made by the commissioner that his impairment was limited to his "arm" was not supported by substantial evidence and was erroneous as a matter of law. He claims his impairment is a whole-body impairment as a matter of law. Firestone did not contest the finding that Prewitt's injury was work-related or that he suffered a five percent impairment to his "upper extremity."
We review workers' compensation cases for errors at law. Second Injury Fund v. Hodgins, 461 N.W.2d 454, 455 (Iowa 1990). The findings of the commissioner are binding unless a contrary result is required as a matter of law. Wetzel v. Wilson, 276 N.W.2d 410, 412 (Iowa 1979).
Our workers' compensation statute provides compensation for permanent partial disability for injuries to specific parts of the body pursuant to an established schedule. See Iowa Code ยง 85.34(2) (1995); Second Injury Fund v. Nelson, 544 N.W.2d 258, 269 (Iowa 1995). This schedule sets the compensation at a percentage of a workers' average weekly earnings over a certain number of weeks based on the location of the injury. Id. The purpose of scheduling injuries is to
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.
|
|