In the case of Dunbar v. Menard, Inc. & XL Insurance Company, Attorney Kent Smith recently prevailed in a matter that was heard on judicial review before the district court after being appealed to the Commissioner. Attorney Smith represented Menard, Inc. and its insurer, XL Insurance, in a workers’ compensation claim brought by Karen Jeanne Dunbar.
As the parties agreed to, Ms. Dunbar sustained injuries to her right shoulder on September 21, 2018, and October 5, 2018. Ms. Dunbar ultimately underwent surgery to address her rotator cuff tear, biceps tendon, and AC joint. The surgery was a right shoulder arthroscopy with rotator cuff repair, capsular release, extensive debridement, arthroscopic biceps tenodesis, subacromial decompression, and distal clavicle excision. The Iowa Legislature added the shoulder as a scheduled member in 2017, prior to which shoulder injuries were compensated industrially as body as a whole injuries. The fighting issue ultimately ended up being whether Claimant’s injury was limited to the scheduled member shoulder or extended to the body as a whole. The determination was important because if the injury extended to her body as a whole, she would be entitled to an industrial disability analysis in determining her entitlement to benefits, not just a consideration of her functional impairment.
Ms. Dunbar’s surgery involved a distal clavicle excision. The clavicle, also known as the collarbone, originates at the sternum and extends over to the shoulder where the acromioclavicular joint is found. Ms. Dunbar argued because the clavicle originates at the sternum, which is located in the torso, permanent alteration of the clavicle by an excision procedure is in turn permanent alteration of the torso, resulting in a body as a whole injury classification. The Deputy ultimately rejected this argument, finding despite the clavicle excision, Ms. Dunbar’s injury was limited to the scheduled member shoulder.
The portion of Ms. Dunbar’s clavicle that was altered in surgery was on the acromioclavicular side of the clavicle as opposed to the sternum side. The Deputy in turn found that the clavicle was interconnected in location to Ms. Dunbar’s glenohumeral joint—which was situated away from her torso and chest. The purpose of the excision was to improve Ms. Dunbar’s shoulder pain and function by creating additional space in the subacromial area. The Deputy also found important the fact that Ms. Dunbar’s clavicle was not injured but was instead altered to improve functionality of the glenohumeral joint and shoulder. In accordance with these findings, the Deputy found in favor of Attorney Smith’s argument that Ms. Dunbar’s injury was limited to the scheduled member shoulder, thus precluding an industrial disability analysis.
Ms. Dunbar appealed the Deputy’s findings to the Commissioner. Attorney Smith prevailed here as well, as the Commissioner agreed entirely with the Deputy’s findings, affirming the limitation of Ms. Dunbar’s recovery to her functional impairment.
Finally, following Ms. Dunbar’s application for judicial review to the district court, Attorney Smith again prevailed, as the district court also affirmed that Ms. Dunbar’s injury was limited to her scheduled member shoulder.
After the conclusion of all appeals in this case, Attorney Smith was successful in defending Menard, Inc. and XL Insurance Company against Ms. Dunbar’s claim, and ultimately limiting their liability for this injury.
Case Summary by Kent M. Smith. If you have any questions regarding your workers’ compensation claim, please contact Smith Mills Law