Donald A. Westling v. Hormel Foods Corporation
2012 Iowa Sup. LEXIS 12
| Iowa | 2012Background
- Westling, age 59, worked 30 years for Hormel; retired voluntarily in 2006.
- January 5, 2006: sharp right-shoulder pain from cleaning meat; could not lift arms; ongoing pain.
- February 16, 2006: diagnosed with rotator cuff strain; later MRI suggested partial tear; surgery on July 10, 2006.
- Post-surgery, Westling improved but had residual pain with overhead activity; returned to light duty then full duty.
- Dr. Hough opined no permanent impairment from surgery; Dr. Shook attributed current pain to arthritis, not work-related overuse; retirement occurred 11/2006; petition filed 3/15/2007 alleging work injury caused permanent disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the injury caused permanent impairment or disability. | Westling argues surgery caused permanent impairment under AMA Guides. | Hormel contends no permanent impairment or disability from the work injury. | No permanent impairment or disability proven; AMA impairment not conclusive; no causal link established for industrial disability. |
| Whether the commissioner properly applied the correct standard for unscheduled injuries. | Westling asserts impairment equates to permanent disability under AMA; seeks industrial disability. | Hormel argues for industrial disability standard focusing on earning capacity. | For unscheduled injuries, industrial disability standard applies and Westling failed to prove reduction in earning capacity. |
Key Cases Cited
- Xenia Rural Water Dist. v. Vegors, 786 N.W.2d 250 (Iowa 2010) (standard of review and statutory interpretation framework)
- Andover Volunteer Fire Dep’t v. Grinnell Mut. Reins. Co., 787 N.W.2d 75 (Iowa 2010) (scope of review in workers’ compensation appeals)
- Mortimer v. Fruehauf Corp., 502 N.W.2d 12 (Iowa 1993) (impairment vs. earning capacity in partial disability)
- McSpadden v. Big Ben Coal Co., 288 N.W.2d 181 (Iowa 1980) (industrial disability includes functional impairment but is not limited to it)
- Olson v. Goodyear Serv. Stores, 255 Iowa 1112, 125 N.W.2d 251 (Iowa 1963) (consideration of age, education, and employability in industrial disability)
- Arndt v. City of Le Claire, 728 N.W.2d 389 (Iowa 2007) (reweighing evidence prohibited in review; substantial evidence standard)
- St. Luke’s Hosp. v. Gray, 604 N.W.2d 646 (Iowa 2000) (scheduled vs unscheduled disability framework and impairment considerations)
- Lauhoff Grain Co. v. McIntosh, 395 N.W.2d 834 (Iowa 1986) (AMA Guides not conclusive on impairment)