Court of Appeals Affirms 50% Industrial Award on Review Reopening

 ABF Freight System Inc. v. Hilliard, No. 21-0855 (Iowa App. Jan. 27, 2022)

Claimant suffered a neck injury in 2016 and was awarded a 30% industrial disability.  He later filed a request for review-reopening and was awarded an additional 20% by the deputy and commissioner.  This finding was affirmed by the district court.

On appeal, the employer argued that there had been no changes in claimant’s physical condition and posited that claimant’s physician had not placed him on restrictions.  The court finds that the decision of the agency finding that there had been a change in physical condition was supported by substantial evidence. Specifically, claimant’s physician opined that claimant’s condition had declined since his surgery and that he had developed chronic, debilitating pain.  The doctor also explained that he did not impose restrictions because they “don’t work . . . In general, I don’t impose them if - unless absolutely necessary.”  The court finds that this evidence, plus the credible testimony of claimant, was sufficient to support the decision that a change in claimant’s physical condition had occurred.

The court also affirmed the finding that an increase in industrial disability had occurred. The court noted that the agency had a “special expertise” in determining the extent of disability and that this finding was not to be overturned unless irrational, illogical or wholly unjustifiable. The court noted that claimant’s activities had changed significantly since the time of the first hearing, commensurate with the increased mental and physical symptoms suffered by claimant.  The court found that the finding that claimant had a 50% industrial disability was not irrational, illogical or wholly unjustifiable and affirmed the decision of the agency.