Court of Appeals Criticizes Agency Decision, Remands Case to Agency
In Beef Products, Inc. v. Rizvic , No. 1-442 (Iowa App. Aug. 24, 2011), the court addressed a situation where the hearing deputy (Seeck) had concluded that claimant had no permanent disability, and the deputy assigned to write the appeal decision (Walshire) had reversed the arbitration decision and provided a 60% industrial award. Claimant alleged a shoulder injury, and Dr. McMains indicated that there was no causation and no permanency, based in part on the alleged inconsistency of pain drawings completed by claimant at the time of the injury and one year later. Dr. Manshadi found causation and a 10% rating. Although this would seem to bring the case before the court on a substantial evidence standard, the district court concluded that the appeal decision should be reversed because it was "irrational, illogical and wholly unjustifiable." The district court found that the commissioner embellished the significance of a handful of events and ignored relevant evidence in t