Court of Appeals Affirms 50% Industrial Disability Award for Back Injury
Menard, Inc. v. Fenton, No. 14-1924 (Iowa App. Aug. 19, 2015), is yet another substantial evidence case in which the Court of Appeals affirms the decision of the commissioner. Claimant sustained a back injury while working at Menard and the deputy found that a 50% industrial disability award was appropriate. The commissioner affirmed.
On appeal, Menard argued that because the commissioner failed to compare the condition of claimant's low back before the with injury with his condition after having undergone surgery, this was an irrational, illogical and wholly unjustifiable application of law to fact. The court rejected this argument, finding that the deputy commissioner summarized claimant's medical history and found no evidence there was any permanent impairment prior to claimant's injury at Menard. The finding was supported by substantial evidence. The deputy also found that claimant's position had changed and that his new job was not a permanent position at the time of the hearing. The court, on substantial evidence grounds, affirmed the decision of the agency.
On appeal, Menard argued that because the commissioner failed to compare the condition of claimant's low back before the with injury with his condition after having undergone surgery, this was an irrational, illogical and wholly unjustifiable application of law to fact. The court rejected this argument, finding that the deputy commissioner summarized claimant's medical history and found no evidence there was any permanent impairment prior to claimant's injury at Menard. The finding was supported by substantial evidence. The deputy also found that claimant's position had changed and that his new job was not a permanent position at the time of the hearing. The court, on substantial evidence grounds, affirmed the decision of the agency.
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