Court of Appeals Affirms Permanent Total Disability Award on Substantial Evidence Grounds
In H.J. Heating and Cooling v. Dahlen , No. 14-1100 (Iowa App. June 10, 2015), the Court of Appeals affirmed the decision of the commissioner finding that claimant was permanently and totally disabled. The fighting issue in the case was whether the unrebutted testimony of an electrician hired by defendants which indicated it was impossible for claimant to be shocked in the manner he indicated was to be credited. The commissioner discredited that testimony and found permanent total disability. Claimant was working for a heating and cooling company and was walking outside through tall wet grass and plants when he touched metal and testified he was shocked. This caused him to fall and break a window well cover and aggravated an underlying back condition. The agency concluded that claimant was permanently and totally disabled. At hearing, the employer presented the testimony of a master electrician that it was not possible for claimant to have been shocked by the...