Court of Appeals Affirms 45% Industrial Disability Award

In Perry Lutheran Home v. Coleman, No. 14-1347 (Iowa App. July 22, 2015), the Court of Appeals once again affirmed the factual findings of the commissioner on causation and extent of impairment. The agency had concluded that claimant had a permanent back impairment as a result of an injury that occurred while claimant was working as a certified nursing assistant.  The employer had argued that the impairment was a temporary exacerbation of a preexisting condition that had returned to baseline.

Claimant had suffered a prior back injury and had surgery for that injury, but subsequently passed a physical for work at one nursing home before switching to a similar position at the Perry Lutheran Home.  Claimant continued to suffer from back pain while working for the employer, but suffered a specific incident on May 18, 2011, when she caught a resident who was starting to fall.

Dr. Mooney initially placed claimant on 20 pound restrictions and claimant was provided injections for her condition.  Dr. Boarini indicated she was not surgical.  Dr. Bansal performed an IME and provided a 13% impairment rating.  Dr. Wampler performed a DME and concluded there was no permanent impairment.  Following hearing, the deputy specifically credited Dr. Bansal's opinion and gave no weight to Dr. Wampler because he had not interviewed or examined claimant.  The deputy concluded that there had been a 45% industrial loss.

The Court of Appeals, citing House and Pease noted that factual determinations were within the peculiar province of the commissioner and were given great deference.  The court noted that the deputy had explained the rationale for the decision and that decision was supported by substantial evidence.  The court found further discussion unnecessary, city Iowa Ct. R. 21.26.