Court of Appeals Affirms 20% Industrial Disability Award

In Polaris Industries v. Reed, No. 16-0269 (Iowa App. Nov. 9, 2016), claimant was awarded a 10% industrial award following the arbitration decision, an award that was increased to 20% on appeal.   The employer appealed, arguing that the 20% award was "inconsistent with the agency's prior practice and precedent," in violation of section 17A.19(10)(h) of the administrative procedure act. Defendants argued that the agency and courts had previously concluded that an award of industrial disability benefits was improper when a claimant was returned to work with no restrictions.  Citing Mid-American Energy v. Wright, No. 01-0312 (Iowa App. May 15, 2002).

The court notes that the determination of industrial disability is a fact specific inquiry in each case, citing Cedar Rapids Cmty. Sch. Dist. v. Pease, 807 N.W.2d 839, 852 (Iowa 2011).  Because the court felt that the facts of this case were distinguishable from Wright, the 20% award was found not to violate section 17A.19(10)(h).  The court also found that substantial evidence supported the factual finding that claimant's hours had changed in the wake of her injury.

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