In Ayala v. Tyson Foods, Inc., No. 16-0505 (Iowa App. Jan. 11, 2017), claimant was initially provided a 45% industrial award. Claimant subsequently filed a review-reopening petition after he had surgery and his impairment rating was increased from 13% to 23%. Although the commissioner acknowledged this medical evidence, he found there had been no change in claimant's earning capacity, as claimant had no earnings loss and his work restrictions were largely unchanged or lessened.
Claimant contended that the commissioner's decision was irrational, illogical and wholly unjustifiable. The court rejected this contention, noting that functional impairment was a single, but not controlling factor in determining the extent of industrial disability. The court also concluded that the decision of the commissioner was supported by substantial evidence, again noting that there was evidence that claimant's earning capacity remained unchanged. The decision of the commissioner was affirmed.
Neifert, Byrne & Ozga, P.C.
Welcome to the blog for Neifert, Byrne & Ozga, P.C., devoted to developments in the field of workers' compensation in the State of Iowa. We hope the blog provides helpful information to users, including updates of Iowa Supreme Court and Court of Appeals cases of interest to claimants and workers' compensation practitioners.
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