Huffey v. Mail Contractors of America, Inc.
Marten Huffey, Sr., Petitioner-Appellee
vs.
Second Injury Fund of Iowa, Respondent-Appellant,
Mail Contractors of America, Inc., and Chartis, Respondents-Appellants,
Ace Property and Casualty, Respondent.
Attorney for Appellant Second Injury Fund of Iowa
Sarah C. Brandt and Meredith C. Cooney, Assistant Attorneys General
Attorney for Appellant Mail Contractors of America, Inc., and Chartis
Kelsey J. Paumer
Attorney for Appellee
Matthew Milligan
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. AFFIRMED. Heard by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Tabor, P.J. (11 pages)
Marten Huffey sought compensation from his employer for his work-related injuries. He also raised a claim against the Second Injury Fund. After the workers’ compensation commissioner decided the matter, both parties appealed the district court’s judicial review order reversing and remanding Huffey’s claim for benefits back to the worker’s compensation commissioner for further determination. OPINION HOLDS: Because the Second Injury Fund points to no code provisions that require Huffey to present medical documentation of his 1999 injury and a first injury need not result in an industrial disability to constitute a “loss of use,” we conclude the agency wrongly interpreted the law when assessing the requirements for proof of a valid first loss. Next, whether Huffey satisfied the third element of a second-injury claim remains to be decided by the commissioner. Last, we believe a remand is necessary for the agency to evaluate the conflicting expert testimony on the sequela issue and decide whether Huffey’s claim that the March 2011 injury caused permanent and total disability because of a left knee sequela injury under Iowa Code 85.34(2) (2018).
