Court of Appeals Affirms 10% Industrial Award, Denial of Penalty Benefits

Claimant was awarded a 10% industrial disability and was denied penalty benefits.  On appeal, the court in Allen v. Tyson Fresh Meats, Inc., No. 17-0313 (Iowa App. Feb. 21, 2018)  affirms the decision of the agency.  The court notes that claimant did not plead entitlement to penalty benefits and the commissioner noted that under 876 IAC 4.2, the claimant was required to please entitlement to penalty benefits before such benefits may be awarded.  Claimant contends that the mention of this issue in an answer to interrogatories should be sufficient.

The court noted that whether they gave deference to the agency's interpretation of its rules or not, the district court was not in error in affirming the commissioner's interpretation. Thus, even under a less deferential standard of review, the agency's interpretation was not illogical, irrational or wholly unjustifiable.  Section 4.2 specifically provides that entitlement to penalty "shall be pled."  The court finds that this imposes a duty upon the claimant to plead penalty benefits. Since penalty was not pled, the commissioner appropriately refused to consider claimant's penalty claim.

On industrial disability, claimant alleged that this was irrational, illogical and wholly unjustifiable, as the ratings of impairment (12%) were higher than the 10% industrial award.  The court finds that although claimant was of relatively advanced age (61) and had a limited education, the 10% industrial loss finding was not irrational because claimant had no loss of job or earnings following the injury and had not missed any days as a result of the work injury.  The court notes that while this finding does not preclude claimant from an award of industrial disability, it cannot be overlooked in determining how much the injury affected his employability.   The 10% industrial award is affirmed by the court.