Court of Appeals Affirms Denial of Workers' Compensation Benefits

Tew v. Sparboe Farms, No. 20-1202 (Iowa App. Oct. 6, 2021) 

Claimant suffered an injury to his back prior to beginning his work at Sparboe Farms, as a result of a motor vehicle accident.  In 2016, he began suffering additional pain in his back, which he ultimately attributed to  his work.  He reported sleeping wrong to his supervisor and also noted that he fell while mowing his lawn.  Claimant did not report his injury as work-related until two months after he began having a recurrence of back pain.  On these facts, the commissioner found that claimant's attribution of his back injury to his work was not credible and benefits were denied.  Claimant appeals.

On appeal, claimant argues that the commissioner erred in not finding a cumulative injury and claims that the commissioner did not correctly apply the law to his claim.  The Court of Appeals dismisses this argument, finding that although the injury could well have been cumulative, the commissioner found that it did not arise out of his employment.  

The Court also found that the decision was supported by substantial evidence and noted that there was a serious question of claimant's credibility, given the conflicting reports of injury and that the commissioner was within his rights in concluding that claimant was not credible.  Because the commissioner's decision was supported by substantial evidence, that decision was affirmed.