Yet Another Substantial Evidence Affirmance by the Court of Appeals
The case of Big Tomato Pizza v Cloud , No. 12-1291 (Iowa App. Feb. 27, 2013), involves substantial evidence, and as is common, an affirmance of the decision of the commissioner. Mr. Cloud was a pizza delivery driver for Big Tomato, and when he was getting out of his car, a customer who was being chased out of the restaurant struck him, there was a scuffle and claimant suffered injuries, including a collapsed lung. The claim was denied, and claimant had no treatment following the hospitalization. He began having nightmares about the incident. At hearing, defendants presented testimony that indicated that Mr. Cloud was actively pursuing the customer far from the premises of Big Tomato. The deputy rejected this testimony, finding that claimant as the victim of an assault. The commissioner affirmed and found that the injury arose out of an in the course of employment. The commissioner concluded that section 85.16(1), which denies compensation for an employee...