Court of Appeals Remands Claim to Commissioner, Finds that Commissioner Did Not Consider All Evidence
In JBS Swift and Company v. Hedberg , No. 14-0565 (Iowa App. Jan. 14, 2015), the Court of Appeals reversed a permanent total disability award, finding that the commissioner's designee, who had increased the award from 80% to PTD, failed to consider important evidence in reaching the PTD conclusion. Thus, what seems to be a substantial evidence question, for which there was record support, is remanded to the commissioner. Claimant suffered a shoulder injury at work. He also suffered from preexisting problems of hearing loss and speech problems. He had worked for 20 years despite these problems. Claimant left his job with the employer, according to the court, because he was unable to care for himself following the unexpected death of his wife. Claimant testified that if his wife had not died, he would have stayed in Iowa and continued to work at Swift. Two vocational experts offered reports in the case. Carma Mitchell found that there was a 69% loss...