The Supreme Court of Iowa ruled Friday that a brain injury suffered by a supervisor who had a seizure and fell backward on a ceramic tile floor while working as the cashier at a Long John Silver’s restaurant could be compensable, and ordered that the Iowa Workers’ Compensation Commission reconsider.
Jason Bluml, then 38, was working as shift manager on February 15, 2012, as a franchisee at Council Council, Council Bluffs. Since 2007, he has had seizures and anti-seizure medication prescribed by Jason Bluml v. According to the documents at Dee Jay’s Inc., John Silvers and Des Moines, long since they didn’t take it until then, before helping a customer, fell on the floor and hit a head with a seizure.
It was found that he had been taken to the emergency department and had suffered a cerebral hemorrhage, which resulted in a permanent deterioration according to the court documents.
Within two years, he filed a petition with the Iowa Labor Compensation Commission, which stated that Mr. Bluml “could not bear the burden of proving that he had sustained an injury that occurred during work and during work.” The (Commission) deputy said that Bluml experienced an idiopathic decline, ie a personal discomfort, and as a result, olarak it is clear that the fall of the idiopathic levels of law cannot be compensated by the laws of Iowa, (he said. documents states.
The problem was then taken to the Iowa State Court, Pottawattamie County, which affirmed the earlier verdict.
The seven-panel court, which did not take part in a Friday’s verdict, overturned the judgment of the former court, claiming that the damage was irreparable and that the hard floor contributed to the seriousness of Mr Bluml’s injury.
According to Friday’s decision, olm the employee argues that the risk of falling to the ground should be compensated under increased risk testing. We do not see any logical reason why this test cannot be performed in a suitable situation. ”
Judge Thomas Waterman opposed Mr. Bluml’s claim that “the wounds from his idiopathic fall to a flat surface cannot be compensated as a matter of law under the Iowa Law.” The ceramic tile floor was not slippery. Hard-surfaced floors are everywhere and are not a danger to employment. Ik Before today, we never made an idiopathic fall from standing or walking to the ground level of any surface.
Dee Jaylamli officials could not be contacted immediately for comment.
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