In January of this year, the Pothitakis Law firm received an Appeal Decision finding in favor of our injured client. The employee was injured in 2009 while performing work for his employer. He sustained a left shoulder injury that resulted in a surgical procedure. After surgery, the Claimant's treating physician recommended that he return to work full duty without restrictions. The physician also set forth a 1% impairment.
Although the Claimant was able to return to work and perform his job duties, he did so with significant pain and discomfort. The employer and insurance carrier took the position that since the Claimant was able to return to work and earn more money than he had prior to the injury, that he was not entitled to an industrial disability award.
The claim proceeded to hearing before the Iowa Workers' Compensation Commissioner. The Deputy Workers' Compensation Commissioner entered an order awarding the Claimant over 100 weeks of benefits, which with interest amounts to in excess of $65,000. Not happy with the Decision, the Defendants appealed the matter to the Iowa Workers' Compensation Commissioner.
In January of this year, an Appeal Decision was filed affirming the Deputy's Decision and Award. This case illustrates that the employer and insurance carrier's position that the case is worth nothing does not end the inquiry nor establish the true value of the claim.