Cheri Blake v. Second Injury Fund of Iowa
20-1382
| Iowa Ct. App. | Sep 22, 2021Background
- Cheri Blake has Graves’ disease (since 2010) causing systemic symptoms including eye problems (pressure behind the eyes, blurry vision).
- In 2016 Blake sustained a compensable right-hand workplace injury; workers’ compensation benefits for that injury are undisputed.
- Blake sought Second Injury Fund benefits, arguing her Graves-related eye impairment is a “first qualifying injury” under Iowa Code §85.64(1).
- The commissioner found Graves’ disease is a permanent impairment to the body as a whole that merely affects an eye; denied Fund liability; the district court affirmed.
- Legal framework: to trigger Fund payments the claimant must show (1) a prior permanent loss or loss of use of an enumerated member (hand, arm, foot, leg, or eye), (2) a subsequent compensable permanent loss of another such member, and (3) combined disability exceeding the compensable value of the prior loss.
- The Court of Appeals treated the factual finding that Graves is a body‑as‑a‑whole condition as supported by substantial evidence (AMA Guides, multiple symptoms, lack of eye‑specific treatment) and reviewed statutory interpretation de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Blake’s Graves‑caused eye impairment is a “first qualifying injury” under Iowa Code §85.64(1) | Blake: The Graves‑related vision impairment constitutes a loss or loss of use of an eye and thus a first qualifying injury | Fund: A first qualifying injury must be a disability to an enumerated member itself, not a systemic condition that merely affects an enumerated member | The court held Graves (a body‑as‑a‑whole condition that merely affects an eye) does not qualify as a first qualifying injury; Fund liability denied and decision affirmed |
| Whether Gregory v. Second Injury Fund controls | Blake: Gregory shows an enumerated‑member injury still qualifies even when combined with broader body impairment | Fund: Gregory is distinguishable because Gregory involved a primary injury to an enumerated member; here primary is systemic | Court distinguished Gregory as inapplicable because the facts are the inverse (systemic condition affecting an enumerated member) |
| Whether precedent like Stumpff and Nelson precludes Blake’s claim | Blake: Attempted to limit Nelson as addressing second injuries only | Fund: Stumpff and Nelson hold unscheduled/systemic injuries that merely affect a scheduled member do not trigger Fund liability; same analysis applies to first injuries | Court followed Stumpff and Nelson, concluding their reasoning applies to first injuries and controls here; Blake’s claim fails |
Key Cases Cited
- Brewer-Strong v. HNI Corp., 913 N.W.2d 235 (Iowa 2018) (standards for judicial review of agency action)
- Gumm v. Easter Seal Soc’y of Iowa, Inc., 943 N.W.2d 23 (Iowa 2020) (factual findings of commissioner binding if supported by substantial evidence)
- Evenson v. Winnebago Indus., Inc., 881 N.W.2d 360 (Iowa 2016) (definition of substantial evidence)
- Gregory v. Second Inj. Fund of Iowa, 777 N.W.2d 395 (Iowa 2010) (an injury to an enumerated member qualifies even if it also causes whole‑body impairment)
- Stumpff v. Second Injury Fund of Iowa, 543 N.W.2d 904 (Iowa 1996) (unscheduled/member‑adjacent injuries that affect an enumerated member do not necessarily qualify as a scheduled first injury)
- Second Injury Fund of Iowa v. Nelson, 544 N.W.2d 258 (Iowa 1995) (an injury that merely affects a scheduled member is not enough to trigger Fund liability)