Appeals Court Affirms Commissioner's Denial of Benefits to Claimant

 Shrum v. Boldt Group, Inc., No. 22-0710 (Iowa App. June 7, 2023)

In this action, the deputy concluded that claiant had sustained injuries to his right should, right bicep and right neck.  On appeal, the commissioner concluded that claimant's conditions did not arise out of employment and reversed the award.  Claimant appealed and the district court affirmed the decision of the commissioner.

On review, claimant alleged that substantial evidence supported the "deputy's" findings that claimant's injuries arose out of employment.  The Court notes, however, that it is the commissioner's final decision that is subject to judicial review, not the deputy's decision, citing Giere v. Aase Haugen Homes, Inc., 146 N.W.2d 911, 915 (Iowa 1966).  Thus, on review, the court's role was to determine whether the commissioner's decision was supported by substantial evidence.

In affirming the decision of the commissioner, the Court found that the decision was "controlled in large part by the deference we afford to decisions of administrative agencies."  The Court notes that claimant testified that he wasn't making a neck claim, something that the IME doctor had found was related to work.  The Court also found that the IME was based on an incomplete history  The decision finds that the commissioner noted why he rejected the opinions of claimant's expert.  The Court also concludes that the rejection of claimant's shoulder injury was supported by substantial evidence in the form of Dr. Mooney's report.  Similarly, the rejection of the right arm injury was found to be supported by substantial evidence.  The decision of the commissioner was affirmed.