Court of Appeals Affirms Denial of Permanency Benefits on Substantial Evidence Grounds

In Leeper v. Pioneer Hi-Bred International, No. 18-1637 (Iowa App. Nov. 27, 2018), the court of appeals affirmed the decisions of the agency and district court finding that claimant had not demonstrated a permanent impairment.  No physician had concluded claimant had a permanent ratable impairment for loss of function under the Guides, although Dr. Kuhnlein provided a 1% impairment for pain.  Despite this, the agency found that claimant had not demonstrated a permanent impairment.  

The Court of Appeals concludes that despite claimant's assertions of numerous errors under the IAPA, the case boiled down to a question of whether the decision was supported by substantial evidence.  The Court of Appeals concluded that the agency had considered the medical evidence in addition to the testimony of claimant and found that no permanent impairment had been established.  This finding, according to the court, was supported by substantial evidence and the decision was affirmed under Iowa Court Rule 21.26.

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