Court of Appeals Addresses Issues Concerning Commencement of Permanent Total Disability Benefits, Interest
In Searle Petroleum, Inc. v. Mlady , No. 12-2008 (Iowa App. December 5, 2013), the Court of Appeals addressed issues concerning substantial evidence and the appropriate commencement date for permanent total disability benefits and interest in a review-reopening proceeding. The agency had concluded that claimant had demonstrated that he was entitled to additional benefits on review-reopening, and awarded permanent total disability. The agency had indicated that benefits commenced on the date of the injury. In the initial decision, the commissioner had concluded that claimant had an industrial disability of 80%. On review reopening, the agency found that given claimant's physical condition, he had been unable to secure employment and also noted that there had been no improvement in the claimant's employability. The commissioner affirmed, finding that there had been a deterioration of claimant's condition. The agency found that benefits commenced as of the date of...