Iowa Workers' Compensation

In Gits Mfg. v. Frank , 855 NW2d 195 (Iowa 2014), the Supreme Court once again noted that the determination evidentiary issues, including medical causation and the extent of industrial disability, is within the peculiar province of the commissioner, and absent unusual circumstances, should be determinative on appellate review.  In doing so, the court reversed the decision of the Court of Appeals, which had concluded that substantial evidence did not support the finding of permanent and total disability. The agency concluded that claimant was permanently and totally disabled under the odd lot rule.  This determination was reversed by the Court of Appeals, which concluded that substantial evidence did not support the agency's finding.  The Supreme Court noted that substantial evidence supports an agency's decision even if the interpretation of the evidence may be open to a fair difference of opinion, citing Arndt v. City of LeClaire , 728 N.W.2d 389, 393 (Iowa 2007). Th...

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...