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Case No. 21-0760

Mary Deng
v.
Farmland Foods, Inc. and Safety National Casualty Corp.

Mary Deng appeals from the district court’s ruling on her petition for judicial review, which affirmed the decision of the Iowa Workers’ Compensation Commissioner. She argues the commissioner, and the district court, erred in finding her infraspinatus tendonitis injury was a “scheduled member” injury encompassed by the term “shoulder” in Iowa Code section 85.34.2(n), which was added by the Iowa Legislature in 2017. She argues: (1) the term “shoulder” is ambiguous, and ambiguous workers’ compensation statutes should be construed in favor of claimants; (2) her construction of “shoulder” creates a bright-line interpretive rule, is harmonious with the interpretation of “arm,” honors existing precedent, avoids unnecessary litigation and absurd results, and is consistent with the purposes of workers’ compensation statutes; and (3) legislative study bills should not be used as an interpretative aid with this statutory provision.

County:
Crawford

Appellant

Mary Deng

Appellees

Farmland Foods, Inc. and Safety National Casualty Corp.

Attorneys for Appellant

Jennifer M. Zupp

Attorneys for Appellees

Kathryn R. Johnson
Eric T. Lanham

Other Information

Date Retained:
Oct 26, 2021

View archived opinions from prior to November 2017

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