Court of Appeals Affirms Case on Substantial Evidence Grounds

In Quaker Oats v. Farar, No. 13-0195 (Iowa App. Aug. 21, 2013), the court of appeals affirmed the commissioner's award of healing period, PPD and medical benefits, finding that the decision of the agency was supported by substantial evidence.  Defendants had argued that claimant's knee problems were due to arthritis rather than his work, and that the injury did not arise out of and in the course of employment.  The court noted that although the weight of the medical evidence was to the contrary, the agency held that claimant's injury had arisen out of and in the course of employment, and noted that the opinion of Dr. Manshadi was sufficient to support a finding of causation.  The court also found that substantial evidence supported the fact that claimant's DVT had arisen as a result of the knee injury and knee replacement, although again there was conflicting evidence.  The employer had also asked for the case to be remanded to the agency to make a more complete record.  The employer argued that the commissioner had not considered the reports of its doctors.  The court, citing Swiss Colony v. Deutmeyer, noted that when a record was inadequate, remand was typically not appropriate, and the issue would be decided adversely to the party bearing the burden of proof. In this case, however, the court found that the agency had considered, but rejected the doctors' opinions proferred by defendants, and that the record was adequate and remand unnecessary.