Iowa Workers' Compensation

  Shrum v. Boldt Group, Inc. , No. 22-0710 (Iowa App. June 7, 2023) In this action, the deputy concluded that claiant had sustained injuries to his right should, right bicep and right neck.  On appeal, the commissioner concluded that claimant's conditions did not arise out of employment and reversed the award.  Claimant appealed and the district court affirmed the decision of the commissioner. On review, claimant alleged that substantial evidence supported the "deputy's" findings that claimant's injuries arose out of employment.  The Court notes, however, that it is the commissioner's final decision that is subject to judicial review, not the deputy's decision, citing Giere v. Aase Haugen Homes, Inc. , 146 N.W.2d 911, 915 (Iowa 1966).  Thus, on review, the court's role was to determine whether the commissioner's decision was supported by substantial evidence. In affirming the decision of the commissioner, the Court found that the decision was ...

In Care Initiatives v. Hoffman , No. 13-0748 (Iowa App. Feb. 19, 2014), the court affirmed the award of permanent total disability, finding that the decision of the agency was supported by substantial evidence.  Claimant suffered a shoulder injury at work, and was terminated by the nursing home because of the restrictions placed on her by her treating physician.  Claimant subsequently had reverse right shoulder replacement surgery. At hearing, claimant offered into evidence a spreadsheet demonstrating that she had applied for work with approximately 150 employers, but had not been able to obtain employment.   She also sought assistance through Iowa Vocational Rehabilitation, where she was placed on a waiting list for services.  Claimant complained of pain.  Kent Jayne issued a vocational report indicating that claimant was precluded from work.  Defendants vocational expert, Shannon Ford, believed that claimant, who was 65 years of age, could perform offic...