Court of Appeals Affirms Denial of Review Reopening Claim
Barry v. John Deere Dubuque Works , No. 22-1000 (Iowa App. May 24, 2023) Claimant suffered from bilateral carpal tunnel syndrome and was awarded an 11% whole person impairment rating following hearing. Claimant subsequently developed additional problems with his bilateral hands and arms and sought review reopening based on changes in physical condition. Dr. Mathew, who conducted an IME on the review reopening, concluded that claimant had additional permanent impairment and had also developed shoulder difficulties as a result of his work activities. Additional restrictions were also imposed. The agency concluded that claimant had not demonstrated a physical change in condition sufficient to justify additional benefits and the district court affirmed this holding. The agency concluded that Dr. Mathew’s report was not credible because it was based on incorrect sections of the AMA Guides. The Court concluded that the agency had not abused its discretion in discrediting Dr. Mathew’s