Court of Appeals Affirms 40% Industrial Disability Award
In Gordon Sevig Trucking Co. v. Radwan, No. 15-0297 (Iowa App. Feb. 24, 2016), the court concludes that the decision of the agency finding that claimant had sustained an aggravation of his underlying back condition, a shoulder injury and a subsequent mental injury was supported by substantial evidence. The court also affirms the commissioner's 40% industrial disability award.
Claimant had suffered an earlier injury to his back, which resulted in surgery. When he was hired for the employer, he did not disclose the earlier back injury, but had no problems with his back for two years after he started work. Claimant suffered an unwitnessed slip and fall at work in November of 2009. He was transported by ambulance to the hospital. Claimant ultimately had surgery at a different level of his lumbar spine than his earlier surgery. The deputy concluded that there had been a back injury and a temporary mental health injury. A 40% industrial disability was awarded. The decision was affirmed without comment other than to note that claimant had been found credible by the deputy.
The Court of Appeals notes that it is the commissioner's duty as the trier of fact to determine the credibility of witnesses and decide factual issues. Defendants argued that because claimant's doctors did not know of the earlier back injury, their opinions should be given lesser weight. The court concludes that because medical causation was within the domain of expert testimony and the commissioner determines the weight to be given to medical testimony. The court also noted that no doctor had said the work injury was not the cause of the back problems, only that they could not say this within a reasonable degree of medical certainty. The commissioner's decision on this point and on the 40% industrial disability finding was affirmed.
Claimant had suffered an earlier injury to his back, which resulted in surgery. When he was hired for the employer, he did not disclose the earlier back injury, but had no problems with his back for two years after he started work. Claimant suffered an unwitnessed slip and fall at work in November of 2009. He was transported by ambulance to the hospital. Claimant ultimately had surgery at a different level of his lumbar spine than his earlier surgery. The deputy concluded that there had been a back injury and a temporary mental health injury. A 40% industrial disability was awarded. The decision was affirmed without comment other than to note that claimant had been found credible by the deputy.
The Court of Appeals notes that it is the commissioner's duty as the trier of fact to determine the credibility of witnesses and decide factual issues. Defendants argued that because claimant's doctors did not know of the earlier back injury, their opinions should be given lesser weight. The court concludes that because medical causation was within the domain of expert testimony and the commissioner determines the weight to be given to medical testimony. The court also noted that no doctor had said the work injury was not the cause of the back problems, only that they could not say this within a reasonable degree of medical certainty. The commissioner's decision on this point and on the 40% industrial disability finding was affirmed.
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