Court of Appeals Affirms 40% Industrial Disability Award

Smithway Motor Xpress v. McDermott, No. 12-2296 (Iowa App. Nov. 20, 2013) is another in a line of cases where the Court of Appeals affirms the decision of the agency on substantial evidence grounds.  Claimant suffered a back injury while working for the employer.  He wished to leave his employment as a truck driver and was required to obtain a DOT physical.  He did not mention his back problems to the physician at the DOT physical.  He continued to have back problems and had continued treatment for those problems.  Dr. Neiman provided causal connection for the injury, but the hearing deputy found that a causal connection had not been established.  The commissioner reversed on appeal and provided a 40% industrial disability award.

The court finds that the question of causation presents a mixed question of law an fact, adjudicated by the abuse of discretion standard.  The court must consider whether the law was applied in an unjustifiable, irrational or illogical manner.  The court notes that the only doctor's report on causation finds that causation had been established.  Since no doctor concluded that claimant's symptoms were unrelated to the workplace injury, the commissioner was entitled to relay of this evidence.  Even if claimant was partially dishonest in explaining his medical history to the doctor, it does not follow that this opinion should be rejected in its entirety.  The decision to accept the opinion was within the commissioner's discretion.

On industrial disability, claimant was terminated from his employment with the second employer because of his restrictions, and he had a 14% impairment rating.  He cannot return to truck driving in the unrestricted way he performed this activity in the past.  The court found the 40% industrial disability award was supported by substantial evidence.  The court concludes that the commissioner considered each piece of relevant evidence in reaching his conclusions, and that there was no error in the decision making process employed by the commissioner.

Comments

Popular posts from this blog

Court of Appeals Affirms Denial of Workers' Compensation Benefits; Rules on Credit Issue

2021 Workers' Compensation Appeal Decisions

2024 Workers' Compensation Appeal Decisions