Court Affirms 5% Industrial Disability Award, Finds Findings of Fact and Conclusions of Law Sufficient
In Bell v. 3E , No. 14-0044 (Iowa App. March 11, 2015), the court upheld the award of a 5% disability in the face of claimant's argument that the agency had failed to make adequate findings of fact, conclusions of law and credibility determinations under section 17A.16 of the Iowa Code. The fighting issue in the case was whether the agency appropriately considered (or failed to consider) evidence presented that demonstrated that claimant was unable to work as a firefighter as a result of the injury (a job he had not held in the past). Claimant suffered a slip and fall at work, resulting in a left wrist sprain, ganglion cyst, lower back strain and a contusion to the left shoulder and elbow. Claimant had surgery for the cyst and physical therapy for the wrist and shoulder. An MRI showed no abnormalities of the back. Claimant was returned to regular duty work. He was found to have a 5% industrial disability. Claimant argued at hearing that the agency ignor...