Regina Strable injured her ankle at work, which resulted in a permanent partial disability to her lower leg. This injury caused additional injuries, known as sequela injuries, to her hip, lower back, post-traumatic stress disorder, and anxiety. Strable entered into a commutation agreement with her employer for her ankle injury and a compromise settlement for her sequela injuries. After entering into these agreements, Strable sought benefits from the Second Injury Fund of Iowa (Fund) based on a prior carpal tunnel injuries to both wrists that Stable sustained a decade earlier.
Pursuant to Iowa Code section 85.64 (2019), the Fund allocates liability between the employer and the Fund when an employee “suffers a specified second injury.” Delaney v. Second Inj. Fund of Iowa, 6 N.W.3d 714, 717 (Iowa 2024). The deputy commissioner denied Stable’s request, citing that the liability of the Fund is only when the second injury is limited to a scheduled injury identified in Iowa Code section 85.64. The Iowa Workers’ Compensation Commissioner disagreed and granted benefits. After a review by the district court, the Court agreed with the deputy commissioner and reversed the Iowa Workers’ Compensation Commissioner.
Upon appeal to the Iowa Supreme Court, the Court found that the Workers’ Compensation Commissioner miscalculated the Fund’s liability and ignored Stable’s sequela injury. Under Iowa Code section 85.64, an employee does not receive compensation from the Fund until “after the expiration of the full period provided by law for the payments thereof by the employer.” In turn, the Iowa Supreme Court reversed and remanded the district court’s ruling.
Case No. 24-0056: Second Injury Fund of Iowa v. Regena Strable