College Comm. Sch. Dist. v. Orris - COA Affirms 30% Industrial Disability Award

In College Comm. Sch. Dist. v. Orris, No. 11-1848 (Iowa App. June 27, 2012), the Court of Appeals affirmed the decision of the commissioner, which had concluded claimant was entitled to a 30% industrial award.  Claimant had appealed the action to the district court, alleging that the commissioner had improperly relied on the opinion of Dr. Buck that claimant's fibromyalgia would improve within six months.  The district court remanded to the agency to reconsider the industrial disability award without consideration of Dr. Buck's opinion on this point.  On appeal to the COA, the issue was whether the agency had improperly relied of Dr. Buck regarding claimant's future improvement.

The court concluded that the agency had not improperly relied on anticipated future improvement, which would have been impermissible under Kohlhaas, but had instead relied on evidence presented at hearing that demonstrated that claimant was capable of performing her work as a teacher on a full-time basis.  The court indicated that Dr. Kuhnlein's conclusion that claimant was capable of performing sedentary and light work on a full-time basis was substantial evidence supporting the decision of the agency.  The court found that there was substantial evidence to support the agency's findings, and thus reversed the decision of the district court remanding the action to the agency.