For decades, advocates for employers and workers have argued over whether certain conditions were occupational disease or a work injury – for instance, carpal tunnel syndrome. In a case published in July of 2009, in Burress v. IBP the Iowa Supreme Court found brucellosis, which is clearly a disease, to be a work injury, relying on 3 Arthur Larson & Lex K. Larson, Larson’s Workmen’s Compensation Law ch. 51, Scope, at 51–1 (2002)). If the Court had found that this was an occupational disease, the case would have been time-barred, under Chapter 85A of the Iowa Code. If it was a work injury, he was entitled to notify the employer within a reasonable time after discovering the existence and serious nature of the condition – which he did. For a discussion of recent Iowa case law on this topic, click here.

The Buress opinion begins, “Pigs give us bacon and ham. They can also give meat packers brucellosis.” In 1997, Mr. Burress sustained cuts and was exposed to pig blood while working at IBP. In 2004, he began showing signs of brucellosis, which the treating doctor attributed to exposure to pig blood, through an opening in the skin or an abrasion. The Iowa Division of Workers’ Compensation found that this was a work injury, since it resulted from a traumatic exposure to the disease. The Iowa District Court reversed, finding occupational disease. The Iowa Court of Appeals sided with the Commissioner and found that this was an occupational injury. The Iowa Supreme Court agreed, and found Mr. Burress entitled to workers’ compensation benefits. The opinion ends, “There is substantial evidence in the record supporting the commissioner’s decision Burress contracted brucellosis from a traumatic occurrence: the entry of infected hog blood into Burress’ body.”