Court of Appeals Holds That Commissioner Erred In Denying Penalty Benefits; Remands for Determination of Healing Period
In Pettengill v. American Blue Ribbon Holdings, LLC , No. 14-1511 (Iowa App. Dec. 23, 2015), the court dealt with a situation where the commissioner had concluded that penalty benefits were not owed despite the fact that the employer had not contemporaneously conveyed the reasons for the denial of benefits to claimant. The district court reversed and remanded and the Court of Appeals affirmed the decision of the district court. Claimant suffered a back injury, the extent of which was in serious dispute. Dr. Runde provided initial treatment for the back pain, including physical therapy. He also provided permanent restrictions for claimant. An MRI demonstrated a disk extrusion at L5-S1. Dr. Broghammer indicated this was not due to the work injury, Dr. Neiman disagreed and though surgery was necessary. Dr. Abernathey did not believe surgery was necessary and thought that the injury should have resolved within six weeks. The commissioner concluded that from...