Naima Cerwick v. Tyson Fresh Meats, Inc.
February 25, 2019
Scheldrup Wiltfang attorney Jason Wiltfang presented oral arguments to the Iowa Court of Appeal in this case on January 17, 2019. The issue in this Petition for Judicial Review was whether alleged implicit bias unfairly affected the result of the claimant’s workers’ compensation case. The Court of Appeals determined that substantial evidence existed to support the decision reached by the agency, and as a result, the denial of Cerwick’s petition for judicial review was affirmed.
Link to case: https://www.iowacourts.gov/courtcases/4637/embed/CourtAppealsOpinion
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Without strong objective evidence, it is very possible for claims to fail.
When testimony conflicts with the evidence, credibility becomes the deciding factor.
On August 27, 2025, the Iowa Workers’ Compensation Commission issued a decision in Irvin v. Tyson Fresh Meats. Deputy Amanda R. Rutherford ruled in favor of the defendant, who was represented by Jason Wiltfang of Corridorlaw Group Iowa, P.C. In her decision, Deputy Rutherford found that the evidence in the record was insufficient to establish that the claimant’s duties resulted in a cumulative injury. While explaining the rationale behind her decision, the Deputy paid particular attention to the vague job description that Irvin provided to her medical expert. In the letter sent to her expert requesting an opinion and providing background information, Irvin included an excerpt from her Answers to Defendant’s Interrogatories that stated that, at work, “she made 500 to 1,000 boxes daily, as well as stacked boxes, moved boxes, and put them on the line, down chutes or on top units” and that “the job required repetitive lifting, bending, and twisting.” Irvin , File No. 23009752.01 (Arb. 1/31/2025) at 15. However, Irvin did not “provide pertinent details such as weighs, sizes, amount of force needed, and/or explain body mechanics that could have caused her alleged injuries.” Id . Deputy Rutherford stated that, because of this omission, the claimant’s expert was “not given an accurate, detailed and/or complete job description before authorizing his report.” Id . The fact that the claimant’s expert based his examination on an incomplete job description ultimately proved fatal to Irvin’s case. As the Deputy noted in her decision, “[i]n a cumulative injury claim, a medically supported diagnosis, detailed and complete job description, and clearly articulated mechanism of injury are essential evidence.” Id. Without that evidence, it is very difficult for claimants to meet their burdens of proof. The decision in Irvin goes to show that, when it comes to cumulative injury cases, experts should be provided with complete job descriptions—otherwise, the flawed foundation of the expert’s opinion can render it unpersuasive.
