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.

Neifert, Byrne & Ozga represents only injured workers in workers' compensation claims in Iowa. This blog is meant to provide accurate and updated information on state of workers' compensation claims in our state. Should you have further questions, please contact us at Neifert, Byrne & Ozga, P.C, 1441 29th Street, Suite 111, West Des Moines, IA 50266. Tel. 888-926-2117 (toll free). Visit us on the web at www.nbolawfirm.com or www.iowa-workers-comp.com.

Tuesday, February 13, 2018

Court of Appeals Affirms Commissioner Decision Rejecting Expert Opinion

In Orris v. College Community School District, No. 17-0742 (Iowa App. Jan. 10, 2018). the Court of Appeals addressed an issue where claimant alleged that the commissioner erred in rejecting the unrebutted  opinion of claimant's expert.  Claimant had filed a review reopening petition, alleging that her fibromyalgia condition had worsened and that she was entitled to more than the 30% industrial disability she had originally been awarded. 

Although the deputy concluded that claimant's condition had worsened, she found that the worsening of the condition was not causally related to her original work injury.  No increase in benefits was awarded.  The district court affirmed this finding.  At hearing, Dr. Bansal had concluded that claimant's fibromyalgia had followed a logical medical progression, related to her original work injury.  Dr. Bagheri, claimant's original treating physician, noted that fibromyalgia is lifelong, but does not get worse and remains stable or gets better over the long term. 

Although Dr. Bansal had evaluated Ms. Orris twice and more recently than Dr. Bagheri,, the deputy concluded that Dr. Bagheri's position was stronger.  The deputy noted that claimant had a number of other stressors aside fromthe work injury, including her sister's terminal cancer diagnosis, her husband's cancer diagnosis, her nephew's illness and her own diagnosis of psoriatic arthritis. The deputy found the opinion of Dr. Bagheri more convincing. 

Claimant argued that Dr. Bagheri's opinion was a non-opinion and that Dr. Bansal's opinion should prevail.  Ultimately, the court concludes that the decision of the agency was supported by substantial evidence. 

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