Court Affirms 80% Industrial Disability Finding, Denies Permanent Total Disability

Ottumwa Manufacturing, d/b/a Cadbury Schweppes Holding, Inc. v. Boyd, No. 12-0889 (Iowa App.  Jan. 24, 2013) addressed an extent of disability issue for a claimant with a serious right hip injury, which followed a crush injury to his feet.  The evidence was conflicting on the question of whether the hip injury was a sequella to the foot injury, but the agency found, and the court affirmed, that there was ample evidence, in the form of reports by Dr. Pollack (later walked back by the doctor) and Dr. Stoken, to conclude that the hip injury was a sequella.

On the issue of the extent of impairment, the court concluded that, although only Dr. Stoken imposed restrictions on claimant, this medical report, combined with an analysis of the other factors of industrial disability, was sufficient substantial to support affirmation of the agency.  The court concluded that the agency's decision denying permanent total status was supported by substantial evidence because claimant's treating physicians had not imposed work restrictions.  


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