Court of Appeals Affirms Commissioner's Decision on Causation, Extent of Disability
Pella Corporation v. Marshall , No. 14-2121 (Iowa App. April 6, 2016) involved a claimant who sustained an injury to his right shoulder. At the deputy level, claimant's injury was found not to have arisen out of employment. This decision was reversed by the commissioner, who concluded that claimant had a 20% industrial disability. At the first judicial review proceeding, the case was remanded to the commissioner for a determination of whether the facts as testified to by the claimant or the history contained in the medical records would govern. On remand the commissioner affirmed the initial decision, finding that no deference was provided to the original arbitration decision because there had been no credibility finding made in that decision. This decision was affirmed by the district court. On appeal, after discussing the history and facts of the case in great detail, the court affirmed with respect to causation and the degree of industrial disability. ...