Court Affirms Permanent Total Disability Award

In Marten Transportation, Ltd. v. Bowes, No. 13-0528 (Iowa App. April 16, 2014), the court of appeals reversed the decision of the district court, which itself had reversed the commissioner's permanent total disability award.

Claimant was a truck driver, who injured her back and elbow when she fell from her truck.  Claimant sought industrial disability, but did not rely on the odd lot doctrine in attempting to determine the extent of her injury.  In the arbitration decision, the deputy cited to a case which referenced the odd lot doctrine.  The deputy concluded that claimant was unable to perform a sufficient quantity and quality of work to remain employed in a well-established branch of the labor market.  Defendants appealed, and the commissioner affirmed. On rehearing, defendants claimed that the commissioner had erroneously applied the odd lot doctrine.  The commissioner stated that the  odd lot doctrine had not been considered, either at the arbitration level or on appeal.

The district court concluded that the arbitration decision had applied the odd lot doctrine and remanded to the commissioner for further proceedings.  At the appellate level, the court noted that the deputy's arbitration decision is not reviewed on judicial review, only the final decision.  Citing Myers v. F.C.A. Servs., Inc., 592 N.W.2d 354, 358 (Iowa 1999).  Ultimately, the Court of Appeals concluded that the commissioner, particularly in his rehearing decision, had specifically indicated that the odd lot doctrine was not a part of the decision, and thus the district court's reversal was improper.  The court stated that the district court had "engaged in impermissible second-guessing."

Because the district court had not ruled on the question of whether the permanent total disability award was supported by the record, the court referred the case to the district court for further proceedings.

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