Court of Appeals Affirms Denial of Benefits on Substantial Evidence Grounds

Zaglauer v. Mercy Medical Center, No. 13-0160 (Iowa App. Sept. 18, 2013), represents another in a long line of cases where the court of appeals affirms the decision of the agency on substantial evidence grounds.  Claimant had tripped at work, causing a torn rotator cuff as well as CRPS, according to some doctors.  At arbitration hearing, claimant was provided with a 15% industrial award for the shoulder injury, but was denied benefits for depression and CRPS, because she had not shown these conditions arose out of her employment.  This finding was affirmed by the commissioner and the district court.  The agency found that claimant was not credible.

The court finds that substantial evidence supported the conclusion that claimant's depression and CRPS had not arisen out of her employment.  The court noted that the doctors who opined her depression and CRPS were causally related to her injury admitted to not having her full history.  The court noted that the commissioner was responsible for determining how much weight expert testimony carries, and concluded it was well within the commissioner's discretion to rely on the opinion of Dr. Pollack over Dr. Bansal.  The court also concluded that credibility determinations were within the province of the commissioner.

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