Iowa Workers' Compensation

In Sullivan v. West Central Cooperative,  No. 18-1811 (Iowa App. Aug. 21, 2019), the Court of Appeals affirmed the decision of the commissioner which concluded that claimant had failed to demonstrate a physical mental claim. Claimant had a stipulated physical injury at work, which was not before the court on appeal.  The sole issue presented to the court was whether claimant had established a physical mental injury.  At hearing, two reports were presented by claimant in favor of a permanent mental health problem caused by the accident.  Claimant relied on the reports of Dr. Mills and Dr. Gallagher.  Defendants argued, based on the reports of Dr. Chesen and Dr. Andrikopoulos, that claimant had not established a physical mental injury.  They found that claimant was malingering and had no ongoing mental health problems as a result of the accident.  The deputy found and the commissioner affirmed, that claimant had not reported any depression, PTSD or other mental health problems in the w

In Saghir v. Menards, No. 18-1712 (App. August 7, 2019), the court of appeals affirmed the decision of the commissioner, which had concluded claimant had not established a permanent impairment or industrial disability.  While working for Menards, claimant had a piece of lumber fall on his head.  Testing showed normal head, neck and back results and the treating neurologist indicated that most of the symptoms were related to depression. A neuropsychological evaluation found no permanent neurological impairment.  No work restrictions were imposed. At hearing, claimant indicated that he suffered from memory problems, balance issues and headaches.  An eye physician found significant loss of function in the eyes and the IME doctor assigned ratings for the head injury and vision, gait and neck problems, as well as limiting claimant to sedentary work. The deputy concluded claimant was not a credible witness and stated that he exhibited a "deliberate effort to exaggerate and conc