Court of Appeals Affirms Commissioner's Award of Benefits Despite Negative Credibility Finding by Deputy
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...