Iowa Workers' Compensation Lawyer Blog
Under Iowa law the amount of compensation an injured worker is entitled to receive is determined by one of two methods. If the injury is to a body part listed in the schedule of Iowa Code Section 85.34, the disability is measured functionally. The most persuasive functional measurements are pursuant to the AMA Guides to the Evaluation of Permanent Impairment. The scheduled injuries and the maximum permanent compensation for each body part are as follows:
Shoulder. . . 400 weeks of permanent partial disability benefits;
Leg . . . 220 weeks of permanent partial disability benefits;
Foot. . . 150 weeks of permanent partial disability benefits;
Arm . . . 250 weeks of permanent partial disability benefits;
Hand . . . 190 weeks of permanent partial disability benefits;
Eye . . . 140 weeks of permanent partial disability benefits;
Loss of Hearing – One Ear . . . 50 weeks of permanent partial disability benefits;
Loss of Hearing – Both Ears . . . 175 weeks of permanent partial disability benefits;
Thumb. . . 60 weeks of permanent partial disability benefits;
Index Finger . . . 35 weeks of permanent partial disability benefits;
Second Finger . . . 30 weeks of permanent partial disability benefits;
Third Finger. . . 25 weeks of permanent partial disability benefits;
Fourth Finger . . . 20 weeks of permanent partial disability benefits;
Great Toe . . . 40 weeks of permanent partial disability benefits;
Other Toes . . . 15 weeks of permanent partial disability benefits; and
Permanent Disfigurement of the Face or Head . . . 150 weeks of permanent partial disability benefits.
If the injury is to a body part not listed in the schedule, then the disability is compensated under an industrial disability analysis. The most frequent unscheduled injuries are to the neck, back, and hips. Shoulder injuries that occurred before July 1, 2017 are also treated as unscheduled injuries.
Generally, injuries to an unscheduled body part receive more compensation than an injury to a scheduled body part.
Injuries to a scheduled body part can result in economic injury to a worker beyond the maximum value under Iowa Workers’ Compensation law. However, the Iowa appellate cases have consistently held that even if a scheduled injury makes a worker completely unemployable, the worker is still limited to the functional loss to the scheduled body part.
Hildreth v. The All Star Group Companies and American Home Assurance is a recent May 3, 2018 appeal decision from the Iowa Workers’ Compensation Commissioner that examines this dividing line between a scheduled and unscheduled injury. The Claimant was injured on April 15, 2008 when a cash register malfunctioned and the cash drawer came out of the register and landed on the Claimant’s right foot and ankle.
The Claimant received conservative medical care for over a year that did not help the injury. In August of 2009 the Claimant was referred to the orthopedic department of the University of Iowa Hospitals & Clinics. The University of Iowa ended up performing six surgeries on the Claimant’s right foot and ankle over a period of eight years. Even after the six surgeries the Claimant continued to have pain and limitations. The Claimant underwent a valid functional capacity evaluation that found the Claimant could only stand on an occasional basis, and could only continuously walk for a maximum of 10 minutes.
The University of Iowa rated the Claimant’s injury as a 10% impairment of the leg. The Defendants voluntarily paid the Claimant 22 weeks of permanent partial disability benefits based on this impairment rating. (A leg injury is worth a maximum of 220 weeks of permanent partial disability benefits. Therefore, a 10% impairment is worth 22 weeks of permanent partial disability benefits. 220 x 10% = 22).
The Claimant’s attorney had her seen for an independent medical examination. The IME physician gave the Claimant an 18% impairment of the leg. The IME physician also diagnosed the Claimant with a chronic right sacroiliac sprain that caused her low back pain.
The Claimant argued at the work comp trial that she was entitled to an industrial disability award because of her back injury.
However, in his appeal decision the Workers’ Compensation Commissioner found that the Claimant only suffered a temporary injury to her low back. Therefore, she was not entitled to permanent partial disability benefits for her low back injury.
The Commissioner found that the leg rating of the IME physician of 18% of the leg was more persuasive than the University of Iowa leg rating of 10% of the leg. Consequently, Commissioner found that the Claimant was entitled to benefits equaling another 8% of the leg which equaled 17.6 weeks (220 weeks x 8% = 17.6).
Although the Claimant’s leg injury was very serious, and had a major impact on her ability to work, she was limited to 39.6 weeks of permanent partial disability benefits because the Work Comp Commissioner found that her injury was limited to the leg.
The Claimant could have recovered a larger award under a few different scenarios:
- If the Claimant had been able to convince the Work Comp Commissioner that her back injury was permanent and was related to the original leg injury, then the combination of her leg and back injury would have been compensated as an industrial disability injury.
- The Claimant also potentially could have brought a Second Injury Fund claim if she had a prior injury to a hand, an arm, an eye, or her other leg and foot. See here for a longer explanation of Second Injury Fund claims.
Please be sure to contact our law firm if you have any questions about a scheduled workers’ compensation injury, or other issues involving Iowa work comp.