Court Affirms Industrial Disability Award on Substantial Evidence Grounds

Claimant in Larson Manufacturing Co. v. Wander, No. 13-0567 (Iowa App. January 23, 2014) suffered a back injury while lifting a wood storm door core onto an assembly line.  Claimant was provided several high-dose steroidal regimens.  A MRI showed a disk bulge and possible avascular necrosis in the hips.  Ultimately, claimant had a total hip replacement with Dr. Noiseux.  Dr. Noiseux related this to the work accident.  Claimant also developed necrosis in the shoulder, and this was related to the steroidal treatment by Dr. Emerson.  Dr. Galles agreed with this assessment.  At hearing, the parties stipulated that the shoulder necrosis was work-related, but not the hip necrosis (primarily because the hip necrosis was diagnosed just after the steroidal treatment had begun).

The deputy found that the hip condition was related to employment.  On appeal, the commissioner affirmed "noting the deficiencies in the opinions of all the physicians who rendered opinions about Wander's condition."  The district court affirmed, noting the facts that supported claimant's position, including claimant's testimony that the hip problems had become worse following the accident.

On appeal, the court noted that it deferred to the factual determinations of the commissioner if they were supported by substantial evidence.  The court found that the weight given to the opinions of various physicians was "especially within the province of the agency."  The decision of the agency was affirmed without further comment.

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