Court of Appeals Affirms Permanent Total Disability Award on Review Reopening

In Tyson Foods v. Gaytan, No. 14-1397 (Iowa App. March 25, 2015), the Court of Appeals summarily affirmed a finding of permanent total disability in a review reopening case.  The court noted that their review of final agency action was severely circumscribed and noted that it was the workers' compensation commissioner who weighed the evidence and measured the credibility of witnesses.  The court found that the district court had considered the issues, applied the correct standard of review principles and affirmed the commissioner's decision pursuant to Iowa Ct. R. 21.26.

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