Court Affirms Denial of Review-Reopening Benefits

In Kremenak v. Steiner Construction, No. 1-875 (Iowa App. Jan. 19, 2012), the court affirmed a commissioner decision finding that claimant had not proven his right to additional benefits in a review-reopening proceeding.  The case had previously been remanded for a determination in light of the Kohlhaas case which found that the expectations of the parties (the "contemplation standard") was not a consideration in determining whether review-reopening was appropriate. 

The agency concluded that even without the contemplation standard, claimant had failed to prove his case on review-reopening.  Claimant appealed, arguing that the decision of the commissioner had simply regurgitated the earlier opinion.  The court of appeals found that its earlier decision had not presupposed that simply because  there was an error in applying the contemplation standard, the claimant would prevail.  The agency considered the evidence and concluded, based on the expert testimony and the claimant's testimony, that claimant had not demonstrated he was entitled to additional benefits.  The court of appeals affirmed the denial of benefits.