Hagen v. Labor & Industry Review Commission

The Labor and Industry Review Commission's interpretation in this case of the permanent partial disability schedule, § 102.52(1), STATS., "rupturfes] . .. the conceptual tidiness which is . . . the very essence of the scheduled-injury approach," Lauhoff Grain Co. v. McIntosh, 395 N.W.2d 834, 840 (Iowa 1986). We conclude that "[t]he loss of an arm at the shoulder," a "scheduled" injury, clearly and unambiguously does not include appellant's shoulder injury. However, we do agree with LIRC that "[t]he loss of an arm" includes impairment of the use of appellant's arm. We therefore reverse that…