Court of Appeals Affirms Permanent Total Disability Award

Claimant in Sterling Commercial Roofing, Inc. v. Berzle, No. 15-0351 (Iowa App. Dec. 23, 2015), sustained a shoulder injury at work.  On substantial evidence grounds, the Court of Appeals concluded that the commissioner's decision finding a permanent disability that arose out of claimant's work activities was supported by substantial evidence, as the commissioner had considered the competing evidence on this issue.

The employer also argued that the determination claimant was permanently and totally disabled was illogical, irrational and wholly unjustifiable.  The Court noted that claimant was a 56 year old roofer with restrictions of lifting no more than 2 pounds, with difficulties in school and no skills other than in roofing.  This was not an irrational finding by the commissioner, according to the court, and the decision was affirmed.

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