Court of Appeals Affirms Commissioner’s 45% Industrial Award

In Pruisman v. Iowa Tanklines, No. 19-1012 (Iowa App. Aug. 5, 2020), the commissioner had awarded claimant a 45% industrial disability.  On judicial review, the district court reversed, finding that the commissioner’s decision was irrational, illogical and wholly unjustifiable.  On appeal, the COA reverses the district court and reinstates the commissioner’s decision.

Claimant had suffered a back injury at work and although he returned to work, did not perform his full range of duties.  He was ultimately laid off from work and applied for and received social security disability.  As a part of the disability process, a consultative exam found he was limited to 20 pounds.  Claimant’s IME (Bansal) also limited claimant to 20 pounds.  Dr. Beck, claimant’s treating surgeon, did not place any restrictions on claimant. He later indicated that work over 50 pounds should only be performed infrequently.  Based on this and a vocational report showing vocational loss of up to 35%, the deputy and commissioner concluded a 45% industrial finding was appropriate.  

The COA, without referencing the district court’s decision, found that this was a mixed question of law and fact, which would only be overturned if the decision was irrational, illogical or wholly unjustifiable,  Finding the commissioner’s decision was not irrational, illogical or wholly unjustifiable, the district court decision was reversed and the commissioner’s decision affirmed.

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