Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-1051

Anita Gumm
v.
Easter Seal Society of Iowa, Inc., American Compensation Ins. Co., and SFM Insurance Company

Petitioner appealed from a district court ruling denying her petition for judicial review and upholding a decision of the Workers’ Compensation Commissioner finding she had failed to prove a cumulative workplace injury. Petitioner argues she had established the legal requirements for a compensable injury under Floyd v. Quaker Oats, 646 N.W.2d 105 (Iowa 2002), for a cumulative aggravation of a prior workplace injury and the district court and commissioner erred in finding otherwise. The court of appeals reversed and remanded for further proceedings. Respondents seek further review.

County:
Polk
Trial Court Case No.:
CVCV055213

Resister

Anita Gumm

Applicants

Easter Seal Society of Iowa, Inc., American Compensation Ins. Co., and SFM Insurance Company

Attorneys for Resister

Joseph S. Powell

Attorneys for Applicants

Lee P. Hook and Tyler S. Smith, for Easter Seal Society of Iowa, Inc. and SFM Insurance Company
Thomas D. Wolle, for American Compensation Ins. Co.

Supreme Court

Oral Argument Schedule

15-15-5

Dec 17, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-1051
Date Published:
May 01, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1051
Date Published:
May 15, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Paul Scott, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., Mullins, J., and Danilson, S.J.  Opinion by Doyle, P.J.  Dissent by Mullins, J.  (10 pages)

            Anita Gumm appeals the denial of her petition for judicial review upholding the Workers’ Compensation Commissioner’s denial of her petition asserting she sustained a cumulative workplace injury.  OPINION HOLDS: We disagree with the agency and district court that Gumm was required to establish she sustained a distinct and discreet disability to recover on a cumulative-injury claim under the circumstances presented.  Under Floyd v. Quaker Oats, 646 N.W.2d 105, 108 (Iowa 2002), Gumm’s showing of an aggravation of her injury was sufficient to establish a cumulative injury.  Accordingly, we reverse the district court’s denial of Gumm’s petition for judicial review and remand to the commissioner.  DISSENT ASSERTS: I respectfully dissent because I do not believe the Floyd case authorizes Gumm to pursue a cumulative injury claim after a successful resolution of a claim for an underlying injury.

View archived opinions from prior to November 2017

© 2020 Iowa Judicial Branch. All Rights Reserved.