Court of Appeals Remands Case for Determination of Proper Credit
In Polaris Industries v. Hesby , No. 15-0629 (Iowa App. Feb. 10, 2016), the Court of Appeals addressed the issue of whether the defendant had presented sufficient evidence to justify a credit for prior injuries that occurred to claimant while working with the same employer. The agency had concluded that no satisfaction of the employer's obligations was due because the employer failed to produce sufficient evidence to justify the credit. The district court reversed, finding that claimant had acknowledged payment of at least 30 weeks of benefits and also noting that a prior hip injury had also resulted in payment of industrial disability. On appeal, the court remanded, finding that the agency's conclusion that claimant had not received permanency benefits was not supported by substantial evidence. The court also remanded for consideration of payments made for claimant's 2009 hip injury, which had not all been paid out at the time of the decision in this case, which inv...