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.
Appellant
Mary Deng
Appellee
Farmland Foods, Inc. and Safety National Casualty Corp.
Attorney for the Appellant
Jennifer M. Zupp
Attorneys for the Appellee
Kathryn R. Johnson
Eric T. Lanham
Supreme Court
Oral Argument Schedule
Non-Oral
Mar 23, 2022 9:00 AM