Court of Appeals Affirms Commissioner's Decision on Causation, Extent of Disability

Pella Corporation v. Marshall, No. 14-2121 (Iowa App. April 6, 2016) involved a claimant who sustained an injury to his right shoulder.  At the deputy level, claimant's injury was found not to have arisen out of employment.  This decision was reversed by the commissioner, who concluded that claimant had a 20% industrial disability.  At the first judicial review proceeding, the case was remanded to the commissioner for a determination of whether the facts as testified to by the claimant or the history contained in the medical records would govern.  On remand the commissioner affirmed the initial decision, finding that no deference was provided to the original arbitration decision because there had been no credibility finding made in that decision.  This decision was affirmed by the district court.

On appeal, after discussing the history and facts of the case in great detail, the court affirmed with respect to causation and the degree of industrial disability.  On the causation issue, the court rejected Pella's argument that the denial of causation in the arbitration decision was an implicit finding that claimant was not credible.  The court noted that the weight to be given to the experts was within the discretion of the commissioner.  On the industrial disability question, the court noted Pella's argument that claimant had relatively minimal restrictions, had retired from the job market and had a small rating, but concluded that the finding of a 20% industrial disability was not irrational, illogical or wholly unjustifiable.  The court noted that retirement was not determinative on the issue of industrial disability, citing Flexsteel Indus., Inc. v. Scholl, Nos. 0-250, 99-1006, 2000WL 1288900 (Iowa App. Sept. 13, 2000).

The court remanded the issue of medical expenses and the question of whether an FCE could be paid as costs, as had the district court.

Marshall was handled by Martin Ozga of Neifert, Byrne & Ozga.