IOWA SUPREME COURT ADDRESSES SHOULDER IMPAIRMENT IN KOELLER AND KLEIN
In Koeller v. Cardinal Logistics Management Corporation and Klein v. Whirlpool Corporation, the Iowa Supreme Court held that interpretation of the 5th Edition of the AMA Guides to the Evaluation of Permanent Impairment (“the Guides”) is a question of law for the courts. The Court determined that Table 16-27 controls the impairment rating for a distal clavicle excision and does not require applying the Table 16-18 multiplier.
Section 85.34(2)(x) authorizes the workers’ compensation commissioner to select an edition of the AMA Guides. The commissioner has selected the 5th Edition as the applicable standard for impairment ratings involving scheduled member injuries.
The dispute involved two tables within the Guides that address distal clavicle excisions. Table 16-18 establishes maximum impairment values for joints in the upper extremity and directs that a multiplier be applied to certain impairment ratings. However, Table 16-27 assigns a specific impairment value for a distal clavicle excision but does not include the footnote directing application of the Table 16-18 multiplier.
In Koeller, the Court concluded that Table 16-27 should be applied as written, without applying the Table 16-18 multiplier. The Court relied on both the language of the Guides and examples provided within the Guides, neither of which applies the Table 16-18 multiplier. As a result, a distal clavicle excision receives the 10% impairment rating assigned by Table 16-27.
One month later, the Iowa Supreme Court reaffirmed that holding in Klein. The Court reversed the commissioner's decision and remanded the case for recalculation of the impairment rating consistent with the holding in Koeller.
The main take away from these decisions is that distal clavicle excision will no longer be subject to a modifier when combined with other impairments. Carriers and Medical providers should take steps to ensure that Table 16-27 was applied correctly in their specific shoulder case.
This blog post was prepared by Ella K. Schmidt, a law clerk for Baylor Evnen. For questions about this decision or any other questions regarding Iowa Workers’ Compensation, please reach out to Micah Hawker-Boehnke at (402) 475-1075.