Court of Appeals Affirms 20% Industrial Disability Award

In Polaris Industries v. McCormick, No. 15-1573 (Iowa App. June 15, 2016),  the agency had awarded a 20% industrial disability for her right shoulder and elbow problems.  The award was premised in part on the deputy's conclusion that "claimant has permanent restrictions for her job."  On appeal, the employer argues that no medical provider found that claimant had permanent restrictions and thus the decision of the agency was not supported by substantial evidence.

On appeal, the court catalogues recent decisions regarding substantial evidence and concludes the agency's decision was supported by substantial evidence and was not irrational, illogical or wholly unjustifiable.  The court noted that Dr. Hines had advised claimant not to engage in lifting above shoulder height or lifting of the arm at the shoulder and repetitive flexion at the wrist.  This, combined with claimant's testimony as to her restrictions was found to be sufficient to support the conclusions of the agency.  The 20% industrial award was also affirmed and the decision of the district court was affirmed without further opinion.

Comments

  1. Manish BatraJune 17, 2016 at 3:54 AM

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