Court of Appeals Affirms Denial of Benefits by Commissioner

Claimant suffered an injury to her shoulder, which the employer denied.  In Saracevic v. Tyson Fresh Meats, Inc., No. 16-0104 (Iowa App. Oct. 26, 2016), the Court of Appeals concluded that it was the agency's job to weigh the evidence.  The agency concluded that the shoulder injury was not related to claimant's work, and the Court of Appeals affirmed on substantial evidence grounds.

Claimant sought treatment with Dr. Delbridge following the denial of liability.  He performed surgery to remove a calcium deposit from claimant's left shoulder.  He later opined that the shoulder condition had been materially aggravated by claimant's work.  Dr. Gorsche and Dr. Neff opined that the calcific deposit was not related to her job duties.

Concluding that the determination of whether to accept or reject an expert's testimony was within the peculiar province of the commissioner, the court affirmed the decision of the agency that claimant's injury had not arisen out of and in the course of employment.

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