Recent Case Law

Iowa Workers' Compensation Decisions of Note

 

Villela v. Lund Foods Holdings, Inc., File No. 1273223 (Arb. Dec. 7/29/02).

 
Claimant worked a repetitive job as a food processor and gradually developed carpal tunnel syndrome in both wrists.   She underwent surgery and was released thereafter to limited lifting and pushing, and to avoid repetitive work activities.  After a §85.39 examination, she was given a 2% impairment rating to each arm, resulting in a 7% to the whole person pursuant to the AMA Guides (5th Ed.). See §85.34(2)(s)(the loss of both arms, or both hands, or both feet, or both legs, or both eyes, or any two thereof, caused by a single accident, shall equal five hundred weeks and shall be compensated as such . . .).

Upon reviewing the evidence at hearing, the deputy found that the case presented a "classic example of Guide insufficiency."  The deputy considered the claimant's limitations on her activities of daily living and evidence from family members that she had previously and routinely provided them with lavish meals but that she no longer does so because of the hand pain, reduced grip and dropping kitchen utensils and food items.  Based upon this evidence, the deputy found that the impairment should be higher and assigned a 15% permanent partial disability to the whole person.