Court of Appeals Affirms Denial of Benefits for Legionnaire's Disease

In McDonald v EZ Pay, No. 18-1152 (Iowa App. July 24, 2019), the Court of Appeals affirmed a decision of the commissioner finding that claimant's legionnaire's disease was not related to an incident at work where he cut his hand while attempting to catch a cutting blade. 

At hearing, claimant presented evidence from his treating physician that the cut and subsequent infection made him more susceptible to contacting legionnaire's.   A supervisor at the plant indicated in an affidavit that there had never been Legionella bacteria found at the plant and opined that he did not believe this condition could have been caused by the operations at the plant.  The agency initially accepted the reports of the doctor over that of the supervisor and awarded benefits.  This finding, however, was reversed on appeal, finding that neither the treating doctor nor Dr. Bansal was aware of the procedures at the plant to prevent Legionella bacteria from infecting the water in the plant.

The Court of Appeals concludes that although the issue was "close," substantial evidence supported the conclusions of the commissioner.  The court was troubled by the fact that neither the supervisor nor defendants' DME doctor testified and was the subject of cross examination, but ultimately concluded that substantial evidence supported the decision and that the decision was not an abuse of discretion on the part of the commissioner.