An appellate court dismissed an employee's argument that a deputy commissioner "implicit displacement" led her to dismiss her workers' claims in Cerwick against Tyson Fresh Meats Inc .
The Iowa Court of Appeals in Des Moines confirmed a district court ruling on Wednesday confirming a commissioner's statement that a Dakota Dunes employee, South Dakota-based Tyson Fresh Meats Inc., could not track her damage to a parking lot.
On February 28, 2013, the worker, Naima Cerwick, drifted on ice and fell on the parking lot at her workplace on the way to report for her shifts. She sought medical care at the company's health center, but she said she had no pain and returned to work. The following week she told the health service that she had experience of back pain and an outside doctor diagnosed her as a chest. Ms. Cerwick was prescribed medication and referred to physical therapy. On March 25, 201
She was then referred to an orthopedic surgeon and a variety of medical providers examined and treated Ms. Cerwick for pain on the back and shoulders, lower back and hip. The medical suppliers had different opinions as to whether her injuries were causal relationships with the fall and whether the back injuries were permanent.
In March 2014, Ms Cerwick applied for the right hip, right shoulder and back replacement. Tyson acknowledged that she had received a temporary work-related injury on her back from the parking lot, but denied that she was injured by others.
Ms. Cerwick, who was born in Morocco, requested that a translator be used at the arbitration, but a court found that there were times when the employee "had difficulty identifying words in Arabic sometimes and asked to answer in English", which she said was due to her not being had spoken Arabic for a long time.
The employee's remuneration commissioner found that the employee failed to show that she had suffered an injury in addition to a temporary deterioration of the back as a result of the fall. A Competent Commissioner confirmed the Arbitration Order and denied Cerwick's application for rehearing.
She requested a judicial review and claimed that the assistant commissioner was affected by "implicit narrowing" and "grossly" overpowered her communication skills claiming that she had not described her case or communicated her symptoms sufficiently with medical providers.
However, the appeal court said that after a "rather intensive examination" of the post, it found essential evidence that Ms. Cerwick provided inconsistent autumn history and resulting damage. The court argued that the employee's claim that the vice-commissioner ignored evidence was not supported and adhered to the court's determination that she failed to show the deputy had an impressive prejudice.
Tyson Fresh Meats could not be reached for comment.