Court of Appeals Affirms Review-Reopening Denial on Substantial Evidence Grounds
Hernandez v. Osceola Foods , No. 12-1658 (Iowa App. April 24, 2013) involved a review-reopening claim following an earlier settlement. At the time of the settlement, claimant had 30 pound restrictions and was working for Osceola Foods. She remained there for two years after the settlement, but was fired for falsely filling out an employment application for her husband. She sought other work, and began to work for another company, Farley's and Sanders Candy. In her application for Farley's, which was through a temporary agency, she did not reveal that she had restrictions, and indicated she was able to perform all duties, which included lifting up to 50 pounds. A few months later, when the new employer found out about the restrictions, Ms. Hernandez was fired. Claimant sought review-reopening and was denied at the agency level, with the agency finding that claimant's loss of earnings was due to her dishonest conduct rather than to her work injury. Th...