Court of Appeals Affirms Holding that Claimant is Permanently Totally Disabled Under Odd Lot Doctrine

In Western Provisions v. Betz, No. 1-533 (Iowa App. Sept. 21, 2011), the court of appeals affirmed the decision of the agency that claimant was permanently totally disabled, and that permanent total disability benefits were appropriate under the odd lot doctrine.  Claimant was a truck driver who was injured when another vehicle crashed into him. Claimant had neck and back surgery as a result of the work injury.  Following these surgeries, an FCE placed him in the "modified medium" work category.  Claimant was provided with a 25% impairment rating to the neck and a 21% impairment rating to the back.  The restrictions imposed by the treating physician (40 pounds) precluded claimant from performing his former job.

Vocational specialists were hired by both parties.  Defendants' expert (Michelle Holtz) did not meet with claimant, and found that he retained the skills and capabilities for jobs paying from $8.00 to $14.50.  Claimant's expert (Rick Ostrander) found that claimant had a 100% loss of employability.  He noted that entry level positions were significantly problematic for an individual of claimant's age who has a work disability.  Ostrander criticized Holtz's report, stating that she did not adequately understand the concept of transferable skills.

The arbitration decision found that claimant was permanently totally disabled.  The odd lot finding was added on appeal to the commissioner.  Before the court of appeals, defendants argued that the findings of the agency were not supported by substantial evidence.  Because there was clearly evidence to support the findings made by the agency, the decision was affirmed on substantial evidence grounds.  The court did not specifically address the odd lot doctrine in the decision.

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