Court of Appeals Affirms Denial of Permanent Benefits and Industrial Disability

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 conceal." The deputy found claimant had not sustained a permanent injury and rejected the IME report in part because of the fact that the IME had not considered a 2010 injury.  The commissioner affirmed.  

The court concluded that the decision of the commissioner was supported by substantial evidence. The court noted that the IME had not considered earlier injuries and also noted the deputy's finding that claimant was not a credible witness.  The court concluded that substantial evidence supported the commissioner's decision and affirmed the denial of permanency and industrial disability benefits.