Court of Appeals Affirms Commissioner's Denial of Permanency and Medical Care
In Reefer v. Gold-Eagle Cooperative, No. 14-0191 (Iowa App. Dec. 24, 2014), the Court of Appeals affirmed a decision of the commissioner finding that claimant had not demonstrated permanency, nor entitlement to medical care. The court concluded that there was substantial evidence in the record to support the agency's findings.
Claimant had a back spasm at work, which caused him to fall to the ground. Dr. Jew, and later Dr. Igram, found that he had back spasms. Ultimately, Dr. Igram released claimant to work with no restrictions and assigned no permanent impairment. Claimant sought treatment on his own at the Low Back and Neck Care Institute in Minnesota. He was diagnosed with spondylosis. An IME from Dr. Kuhnlein concluded that claimant had a 10% impairment. Following the finding of MMI by Dr. Igram, claimant's employment was terminated.
At hearing, the existence of a work related injury was stipulated. The deputy, however, found the injury was temporary and awarded TPD benefits and penalty. This decision was adopted by the commissioner. The appellate court noted that substantial evidence governed the proceedings. Claimant challenged the manner in which the deputy assessed the evidence and presented the facts. Claimant argued that the commissioner simply listed and summarized the evidence rather than making findings of fact. The court concluded that the necessary support for the factual findings under section 17A.16 of the Iowa Code was present in the decision. The court also rejected the claimant's contentions regarding the credibility of the lay witnesses (including claimant) vis a vis the credibility findings concerning the medical opinions. The court noted that medical causation was a question of fact vested in the commissioner's discretion. Because the decision of the agency was supported by some evidence on the record, the court affirmed the decision of the agency.
Claimant had a back spasm at work, which caused him to fall to the ground. Dr. Jew, and later Dr. Igram, found that he had back spasms. Ultimately, Dr. Igram released claimant to work with no restrictions and assigned no permanent impairment. Claimant sought treatment on his own at the Low Back and Neck Care Institute in Minnesota. He was diagnosed with spondylosis. An IME from Dr. Kuhnlein concluded that claimant had a 10% impairment. Following the finding of MMI by Dr. Igram, claimant's employment was terminated.
At hearing, the existence of a work related injury was stipulated. The deputy, however, found the injury was temporary and awarded TPD benefits and penalty. This decision was adopted by the commissioner. The appellate court noted that substantial evidence governed the proceedings. Claimant challenged the manner in which the deputy assessed the evidence and presented the facts. Claimant argued that the commissioner simply listed and summarized the evidence rather than making findings of fact. The court concluded that the necessary support for the factual findings under section 17A.16 of the Iowa Code was present in the decision. The court also rejected the claimant's contentions regarding the credibility of the lay witnesses (including claimant) vis a vis the credibility findings concerning the medical opinions. The court noted that medical causation was a question of fact vested in the commissioner's discretion. Because the decision of the agency was supported by some evidence on the record, the court affirmed the decision of the agency.
Comments
Post a Comment