Iowa Workers' Compensation

Tew v. Sparboe Farms , No. 20-1202 (Iowa App. Oct. 6, 2021)  Claimant suffered an injury to his back prior to beginning his work at Sparboe Farms, as a result of a motor vehicle accident.  In 2016, he began suffering additional pain in his back, which he ultimately attributed to  his work.  He reported sleeping wrong to his supervisor and also noted that he fell while mowing his lawn.  Claimant did not report his injury as work-related until two months after he began having a recurrence of back pain.  On these facts, the commissioner found that claimant's attribution of his back injury to his work was not credible and benefits were denied.  Claimant appeals. On appeal, claimant argues that the commissioner erred in not finding a cumulative injury and claims that the commissioner did not correctly apply the law to his claim.  The Court of Appeals dismisses this argument, finding that although the injury could well have been cumulative, the commissi...

In Lewis v. Windsor Windows and Doors , No. 19-0576 (Iowa App. Jan. 23, 2020), the deputy concluded that claimant lacked credibility and further found that claimant failed to demonstrate an injury arising out of and in the course of employment.  The decision was affirmed by the commissioner. On appeal, the court notes that the commissioner had given deference to the fact finding of the deputy with regard to credibility.  The court defers to the credibility findings of the agency and notes that the job of the court is not to weigh the evidence but to determine whether substantial evidence supports the findings.  The court also noted that the commissioner's decision was sufficiently detailed to show the path taken through the conflicting evidence.  Finding substantial evidence to support the conclusions of the agency, the court affirms.

In Saghir v. Menards, No. 18-1712 (App. August 7, 2019), the court of appeals affirmed the decision of the commissioner, which had concluded claimant had not established a permanent impairment or industrial disability.  While working for Menards, claimant had a piece of lumber fall on his head.  Testing showed normal head, neck and back results and the treating neurologist indicated that most of the symptoms were related to depression. A neuropsychological evaluation found no permanent neurological impairment.  No work restrictions were imposed. At hearing, claimant indicated that he suffered from memory problems, balance issues and headaches.  An eye physician found significant loss of function in the eyes and the IME doctor assigned ratings for the head injury and vision, gait and neck problems, as well as limiting claimant to sedentary work. The deputy concluded claimant was not a credible witness and stated that he exhibited a "deliberate effort to exagg...

In Gordon Sevig Trucking Co. v. Radwan , No. 15-0297 (Iowa App. Feb. 24, 2016), the court concludes that the decision of the agency finding that claimant had sustained an aggravation of his underlying back condition, a shoulder injury and a subsequent mental injury was supported by substantial evidence.  The court also affirms the commissioner's 40% industrial disability award. Claimant had suffered an earlier injury to his back, which resulted in surgery.  When he was hired for the employer, he did not disclose the earlier back injury, but had no problems with his back for two years after he started work.  Claimant suffered an unwitnessed slip and fall at work in November of 2009.  He was transported by ambulance to the hospital. Claimant ultimately had surgery at a different level of his lumbar spine than his earlier surgery.  The deputy concluded that there had been a back injury and a temporary mental health injury.  A 40% industrial disability was aw...

In Kraft Foods, Inc. v. Shariff , No. 15-0287 (Iowa App. Feb. 24, 2016), the Court of Appeals addressed a situation where the deputy found that claimant's testimony was not credible and relied on the on-site physician to find that the claim did not arise out of and in the course of employment.  The commissioner reversed the decision of the deputy on appeal. Claimant was in an auto accident which resulted in a closed head injury, a back injury, a right shoulder injury and a left knee injury.  He was initially treated but at some point the plant doctor  "began to grow inpatient and disenchanted" with claimant, who was the safety manager for the employer.  Dr. Garrels indicated that he had "lost all respect" for the claimant and discussed the "extreme nature of his manipulation."  He left the impression with another treating doctor that he believed claimant was malingering. Dr. Field and Dr. Epp found that claimant's right shoulder problems were r...

In Gleeson Constructors and Engineers, LLC v. Madrigal , No. 14-1467 (Iowa App. Jan. 13, 2016), the Court of Appeals affirmed the award of permanent total disability benefits on substantial evidence grounds. Claimant was a Mexican national who had three semesters of college in Mexico, but who was not fluent in English.  He suffered an episode at work in 2007 where his back locked.  He was placed on light duty and continued this work until he had surgery in 2009 and quit his job.  Physicians and therapists believed the surgery was successful and there was no objective physical impairment to his back.  Claimant testified to the extreme pain, loss of strength, inability to sleep and jerking in his left leg that occurred following the surgery. The court indicates that the subjective degree of pain made claimant's credibility an issue.  Defendants also alleged that claimant had "a history of attempting to avoid work."  Three functional capacity evaluations w...

In Emco v. Sehic , No. 14-0336 (Iowa App. Oct. 15, 2014), the court affirms a 35% industrial disability finding based on the substantial evidence.  The medical records in the case would have provided support for the conclusion that there was no objective evidence to support work restrictions, but the commissioner found, based on other medical evidence, that there had been a permanent impairment and restrictions were appropriate.  Based on this, the commissioner concluded that a 35% industrial award was appropriate. Three of defendants' doctors (Drs. Iqbal, Adelman and Boarini) concluded that claimant's complaints were minor and subjective in nature (although there was a degenerative condition found in the neck and back).  Dr. Delbridge and Dr. Bansal found that there were back and neck problems and found impairment and restrictions.  Following these opinions, Dr. Neff issued a report indicating that the injury was not related to claimant's work. Claimant worked f...

In Hinegardner v. Imon Communications , No. 14-0030 (Iowa App. Oct. 15, 2014), claimant alleged that substantial evidence did not support the commissioner's findings regarding credibility or medical causation.   As in most other such cases, the party arguing against substantial evidence loses on review.  The court affirmed the denial of benefits by the agency. Claimant participated in a recorded statement with the adjuster following his back injury, and noted that he had surgery in 1976 for his back and had not treated with a doctor for years.  As it turned out, claimant had a lengthy history of treatment for lower back pain, which continued through 2008, the date of the injury.  Claimant alleged an injury two weeks after he started for the employer, after attempting to pick up a reel of cable weighing approximately 80 pounds. Doctors who opined indicated that claimant had an exacerbation of his back condition as a result of the work incident, but Dr. Gordon stat...

In JBS Swift & Co. v. Rodriguez Contreras , No. 13-0172 (Iowa App. Oct. 2, 2013), a case handled by Jamie Byrne of Neifert, Byrne &Ozga, the court of appeals affirms the findings of the commissioner concluding that claimant was credible, increasing the industrial disability award from 20 to 60% and imposing costs against the employer. At the arbitration level, the deputy had indicated that the claimant was mostly credible.  The employer argued that because the deputy had found that claimant was "credible for the most part," the entire appeal decision was subverted.  The court of appeals noted that the finding that claimant was mostly credible was made because the deputy indicated that many of the questions posed were leading questions.  The court found that "read in context, any doubt expressed by the deputy involves the form of questioning rather than the resulting answers provided by Contreras," and concludes that the credibility finding was supported by...

Zaglauer v. Mercy Medical Center , No. 13-0160 (Iowa App. Sept. 18, 2013), represents another in a long line of cases where the court of appeals affirms the decision of the agency on substantial evidence grounds.  Claimant had tripped at work, causing a torn rotator cuff as well as CRPS, according to some doctors.  At arbitration hearing, claimant was provided with a 15% industrial award for the shoulder injury, but was denied benefits for depression and CRPS, because she had not shown these conditions arose out of her employment.  This finding was affirmed by the commissioner and the district court.  The agency found that claimant was not credible. The court finds that substantial evidence supported the conclusion that claimant's depression and CRPS had not arisen out of her employment.  The court noted that the doctors who opined her depression and CRPS were causally related to her injury admitted to not having her full history.  The court noted that th...

In O'Reilly Auto Parts v. Alexander , No. 11-1864 (Iowa App. Oct. 31, 2012), the court addressed two issues.  The first was whether claimant's injury arose out of and in the course of employment.  The second was whether the commissioner had erred in sua sponte entering an insurance carrier into the proceedings.  The court affirmed on both counts. Claimant contended he had suffered a back injury while unloading a tote from a truck and twisting his body to take a step.  Injury reports did not reflect the date of injury actually claimed in the action.  Claimant was not sent to see the company doctor, and did not initially explain the mechanism of injury to his family doctor.  Dr. Ray concluded that claimant had sustained a worsening of pain from the work accident.  Claimant subsequently had a stroke and explained at hearing that he had problems with memory.  The claim was denied by the deputy but the commissioner reversed and concluded that claima...

In Kone, Inc. v. Harrison , No. 08-891 (Iowa App. Feb. 23, 2011), the Iowa Court of Appeals addressed a situation where the deputy found the claimant not to be credible, and concluded that claimant had failed to establish a permanent impairment.  The commissioner reversed the decision on compensability, finding that the medical evidence supported the contention that there was a permanent impairment.  Also presented were issued of whether claimant retired because of his injuries or because of a planned retirement, and whether penalty was appropriate.  The commissioner concluded, contrary to the hearing deputy, that claimant was entitled to both healing period and penalty benefits.  The district court reversed the agency's decision on all three issues. The court noted the in determining whether substantial evidence supported the agency's decision, it was the agency's decision that was being reviewed, not the decision of the hearing deputy.  Although the district...

In Schutjer v. Algona Manor Care Center , 780 NW2d 549 (Iowa 2010), the court was faced with four issues: 1) the correct rate; 2) whether TTD and TPD benefits were owed; 3) entitlement to PPD benefits; and 4) penalty. The commissioner had agreed with the employer on all four of these issues, but the district court determined that the rate had been improperly calculated and that the commissioner had incorrectly refused to provide temporary benefits for certain days between 12/2/02 and 1/4/03. In view of the decision on the rate issue, the district court remanded the penalty issue to the commissioner. The court of appeals agreed with the district court insofar as the above items were concerned ( TTD , rate, penalty), but also concluded that the commissioner had not properly analyzed the question of Schutjer's eligibility for temporary benefits after she left work on 1/5/03, and had failed to provide adequate detail concerning the decision that there was no permanent disabil...