Court of Appeal Affirms Decision Against Claimant on Substantial Evidence Grounds

In Yanouskiy v. O'Holloran Int'l, Inc., No. 1-436 (Iowa App. July 13, 2011), the court concluded that the decision of the commissioner ruling that claimant was entitled to no further benefits was supported by substantial evidence.  Claimant alleged arm and back and neck injuries, and was paid temporary and permanent benefits, with the permanency amounting to approximately 15%.  At hearing, the deputy found claimant not credible, and indicated that claimant had distorted his restrictions in talking with the doctors.  The deputy found, and the commissioner upheld, that claimant was not entitled to further benefits, and that his back and neck injuries were not related to his work.  The court of appeals affirmed the decision of the commissioner on substantial evidence grounds.

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