Court of Appeals Affirms 40% Industrial Award

 Claimant suffered an injury at work which she believed resulted in a permanent total disability.  The commissioner found that the disability was only 40% and this determination was affirmed by the district court. The Court of Appeals affirms the commissioner's decision in Snitker v. Seabright Insurance Company and Birdnow Enterprises, No. 20-0986 (Iowa App. June 16, 2021).  

Claimant suffered a back injury and eventually had a lumbar laminectomy and fusion.  The commissioner found claimant had a 40% industrial disability  The Court of Appeals notes that the determination of industrial disability is mixed question of law and facts and that the commissioner's decision will not be reversed unless it is irrational illogical or wholly unjustifiable.  At hearing, defendants had presented evidence demonstrating that claimant had the residual functional capacity for work, as well as vocational evidence demonstrating the existence of jobs claimant could perform.  Claimant presented countervailing evidence.  The commissioner found that claimant had not demonstrated permanent total disability, noting, among other things that claimant's social security disability application had not been approved until she added a mental component (not a part of the WC claim) to that application.  Claimant argues that this language was key to the decision of the agency and were "completely wrong."

The court finds that the misinterpretation of the social security decision did not detract from the agency's ultimate 40% finding.  Ultimately, the court concludes that there was substantial evidence to support the determination of the agency and affirms the agency decision.