Court of Appeals Reverses PTD Finding in Odd Lot Case Finding Claimant Did Not Attempt to Procure Employment
In GITS Manufacturing Co. v. Frank , No. 13-0665 (Iowa App. Jan. 9, 2014), the Court of Appeals, taking a very aggressive stance on substantial evidence, concluded that the commissioner's finding that claimant was an odd lot employee was not supported by substantial evidence, largely because claimant had not sought other employment following her injury. Claimant suffered a cumulative lung injury from her work as a welder at GITS. The evidence demonstrated that claimant was limited to sedentary work, and the deputy concluded that there was insufficient evidence to demonstrate that she could complete job retraining and go back to work at her age and with her physical condition. The deputy found that claimant was an odd lot employee, and this finding was affirmed on appeal., and by the district court. The court noted that the issue before it was whether the decision of the agency was supported by substantial evidence. The court first addressed the odd lot doctrine, an...