Court of Appeals Affirms Permanent Total Disability Award, But Caps Deposition Fee at $150.00
Whirlpool Corp. v. Davis , No. 12-1962 (Iowa App. July 24, 2013) involved a finding by the commissioner that claimant was permanently and totally disabled. The court affirmed this aspect of the case on substantial evidence grounds, and also concluded that reimbursement for a deposition was statutorily limited to $150.00. Claimant suffered a back injury, resulting in a 7% impairment rating from defendants' doctor, Dr. Mark Taylor. An IME from Dr. John Kuhnlein indicated that he could not say, within a reasonable degree of medical certainty, that the current back problems were related to the original work injury, although the back problems were related to one of the incidents that had occurred at Whirlpool. He provided a 5% impairment rating. Claimant ultimately left his job and was found eligible for social security disability benefits. The deputy found that claimant was credible, and credited the findings of Dr. Taylor, Dr. Kuhnlein and Dr. Buresh. He r...