Court of Appeals Affirms 35% Industrial Disability Award
In Emco v. Sehic , No. 14-0336 (Iowa App. Oct. 15, 2014), the court affirms a 35% industrial disability finding based on the substantial evidence. The medical records in the case would have provided support for the conclusion that there was no objective evidence to support work restrictions, but the commissioner found, based on other medical evidence, that there had been a permanent impairment and restrictions were appropriate. Based on this, the commissioner concluded that a 35% industrial award was appropriate. Three of defendants' doctors (Drs. Iqbal, Adelman and Boarini) concluded that claimant's complaints were minor and subjective in nature (although there was a degenerative condition found in the neck and back). Dr. Delbridge and Dr. Bansal found that there were back and neck problems and found impairment and restrictions. Following these opinions, Dr. Neff issued a report indicating that the injury was not related to claimant's work. Claimant worked f...