Court Of Appeal Affirms Award of Impairment Rating in Scheduled Member Case In Face of Argument That Commissioner Did Not Adequately Explain Its Impairment Determination
In Horn v. Cummins Filtration-Lake Mills , No. 1300351 (Iowa App. Nov. 6, 2013), the Court of Appeals affirmed a decision awarding claimant the 6% impairment rating found by Dr. Kuhnlein, for an injury to the arm. Three impairment ratings were presented at hearing, a 10% rating from Dr. Formanek, a 12% rating from Dr. Adams and a 6% rating from Dr. Kuhnlein. The deputy awarded the 6% rating. Claimant filed a rehearing application contesting that the deputy had used the wrong legal standard and noting that numerous aspects of the AMA Guides were "faulty and unscientific." The rehearing petition was not answered and was deemed denied. The ruling was affirmed on appeal. On rehearing at the commissioner level, claimant argued that the determination of functional disability was not merely related to the impairment ratings. The rehearing application was denied, and indicated that the arguments of counsel had been considered prior to the rendering of...