Award of Permanent Total Disability Affirmed
The Court of Appeals, in Cargill Meat Solutions v. DeLeon, No. 13-1266 (Iowa App. April 16, 2014), once again concludes that factual findings are left to the commissioner, and affirms an award of permanent total disability benefits. The court adopted the conclusions of the district court, which had noted that the commissioner credited the views of Dr. Hines in finding permanent total disability.
The court addressed defendants' argument that Dr. Hines was not provided with all prior medical treatment records, and that therefore the decision should be reversed under the Court of Appeals' decision in Mike Brooks, Inc. v. House. The court noted that evidentiary rulings were in the commissioner's discretion and that a scrutinizing analysis was not to be given to decisions of the agency on factual matters. The court also noted that the Supreme Court had vacated the decision in House, upon which Cargill had relied. The court found that the commissioner had considered all of the expert medical opinions together with the other evidence introduced at hearing, and concluded that Dr. Hines' testimony, in conjunction with the testimony at the hearing, provided substantial evidence of a permanent, work-related injury.
On the question of permanent total disability, the court noted that claimant was not an English speaker and had substantial physical limitations, and could not return to many of his prior jobs. The decision was affirmed.
An Application for Further Review was filed with the Supreme Court and denied on July 16, 2014.
The court addressed defendants' argument that Dr. Hines was not provided with all prior medical treatment records, and that therefore the decision should be reversed under the Court of Appeals' decision in Mike Brooks, Inc. v. House. The court noted that evidentiary rulings were in the commissioner's discretion and that a scrutinizing analysis was not to be given to decisions of the agency on factual matters. The court also noted that the Supreme Court had vacated the decision in House, upon which Cargill had relied. The court found that the commissioner had considered all of the expert medical opinions together with the other evidence introduced at hearing, and concluded that Dr. Hines' testimony, in conjunction with the testimony at the hearing, provided substantial evidence of a permanent, work-related injury.
On the question of permanent total disability, the court noted that claimant was not an English speaker and had substantial physical limitations, and could not return to many of his prior jobs. The decision was affirmed.
An Application for Further Review was filed with the Supreme Court and denied on July 16, 2014.
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