In Callahan v. Horseshoe Casino, No. 16-2230 (Iowa App. Oct. 11, 2017), the court addressed an issue of notice to the employer under section 85.23 of the Iowa Code. The claimant's back problems had manifested on October 10, 2011, and the commissioner determined that the employer did not have actual knowledge of the injury until August 13, 2012, making claimant's claim untimely. The commissioner concluded that there was no credible evidence to support the deputy's finding to the contrary and found that the claim was time-barred.
The Court of Appeals notes that the commissioner concluded that although the employer knew of the back injury, it did not know that the injury was related to work until 14 months after the injury had manifested. The court viewed this as a question of substantial evidence and finds that the commissioner's finding that there was no actual notice the injury was work related until August of 2012 was supported by substantial evidence. The court also concluded that the finding that the claim was time-barred was not illogical, irrational or wholly unjustifiable.
Neifert, Byrne & Ozga, P.C.
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