Decision in Kone, Inc. v. Harrison Highlights Importance of Agency's Final Decisoin
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...