Court of Appeals Affirms Commissioner's "Take Nothing" Decision

Claimant in Rizvic v. Titan Tire Corporation, No.  20-1133 (Iowa App. May 12, 2021) suffered an electrocution injury, which he claimed led to difficulties with his cervical spine and back as well as headaches. Various doctors found that claimant's range of motion was near normal and also found that claimant was exaggerating his symptoms.  Dr.  Wolfe, however, found that claimant's symptoms were consistent with his low voltage injury.  The deputy found claimant had suffered permanent and total disability.  On appeal, the commissioner reversed and concluded that claimant was not a credible witness and had sustained no permanent impairment.  The district court affirmed the commissioner's take nothing decision.

On appeal, the court of appeals finds that, based on substantial evidence before the commissioner, claimant had failed to establish causal connection between the injury and the disability claimed.  The court noted that the commissioner had cited the "numerous notations" of symptom magnification as well as inconsistencies in claimant's testimony and had noted that Dr. Wolfe's findings and the findings of an FCE were outliers.  The court of appeals concluded that substantial evidence supported the commissioner's decision and noted that the vast majority of medical reports found no causal connection.  The commissioner's decision was affirmed.