Court of Appeals Affirms Award of Workers' Compensation Benefits and Alternate Medical Care
In yet another decision demonstrating that if the question presented is one of substantial evidence, the party seeking to overturn the agency's decision is not going to prevail at the appellate level, the court in Talton v. Fleur Delis Motors Inns, Inc. , No. 12-0999 (Iowa App. Feb. 27, 2013) affirmed the decision of the commissioner finding that claimant's injuries did not arise out of and in the course of employment, denying healing period benefits, and denying alternate medical care. Claimant suffered a stipulated work injury when a can of tomatoes fell on her foot. She developed arthritis, which the treating doctor did not believe was work related, but which Dr. Mandracchia opined was work related. Dr. Simon indicated that claimant developed an antalgic gait as a result of the foot injury. The deputy found the injuries had arisen out of claimant's employment, but concluded that claimant had not reached maximum medial improvement and still in an healing peri...