BILATERAL SHOULDER INJURIES HELD TO BE TWO SEPARATE SCHEDULED MEMBER INJURIES IN IOWA

On May 8, 2024, the Iowa Court of Appeals found that bilateral shoulder injuries are not compensated under the catchall provision and are, instead, two separate scheduled member injuries.

In Nordstrom v. Pamela Cramer, the Iowa Court of Appeals found that injuries to the left and the right shoulders both arising out of the same accident are not assessed for industrial disability under the catchall provision. Instead, they are compensated as separate injuries to the shoulders. Both are compensated under Section 85.34(2)(n), assessed for functional loss independently, and compensated against 400 weeks.

Previously, the Iowa Workers’ Compensation Division had found that bilateral shoulder injuries fall under the catchall provision and treated bilateral shoulder injuries the same as body as a whole injuries. This meant an employee with bilateral shoulder injuries could be assessed for industrial disability and compensated against 500 weeks. The Iowa Court of Appeals overturned that prior case law based on a recent decision by the Iowa Supreme Court in Bridgestone Americas, Inc. v. Anderson. For our blog post on Bridgestone Americas, Inc. v. Anderson, click on this link here.

If you have questions regarding bilateral shoulder injuries, or Iowa workers’ compensation in general, please contact Paul Barta or Micah Hawker- Boehnke at (402) 475-1075.