Court of Appeals Affirms Denial of Benefits on Substantial Evidence Grounds
In Hinegardner v. Imon Communications , No. 14-0030 (Iowa App. Oct. 15, 2014), claimant alleged that substantial evidence did not support the commissioner's findings regarding credibility or medical causation. As in most other such cases, the party arguing against substantial evidence loses on review. The court affirmed the denial of benefits by the agency. Claimant participated in a recorded statement with the adjuster following his back injury, and noted that he had surgery in 1976 for his back and had not treated with a doctor for years. As it turned out, claimant had a lengthy history of treatment for lower back pain, which continued through 2008, the date of the injury. Claimant alleged an injury two weeks after he started for the employer, after attempting to pick up a reel of cable weighing approximately 80 pounds. Doctors who opined indicated that claimant had an exacerbation of his back condition as a result of the work incident, but Dr. Gordon stat...