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Showing posts with the label illogical or wholly unjustifiable

Court of Appeals Affirms 40% Industrial Award

  ConAgra Foods, Inc. v. Moore , No. 21-0339 (Iowa App. May 25, 2022) Claimant suffered a pop while twisting to lift a stack of boxes and felt immediate pain in his left hip.  Claimant reported his injury and subsequently went on vacation.  His pain continued and when he returned to work he was informed his injury was no longer considered work-related.  Claimant sought care on his own and was advised by his doctor to avoid activities that would aggravate his condition.  Claimant also developed back pain.  He received treatment in the form of medications, physical therapy and facet injections. Following the hearing on his claim, the deputy found, based on the reports of claimant's doctor and Dr. Segal, that claimant had suffered a work-related injury.  Claimant was found to have suffered a 40% industrial disability.  The commissioner affirmed and the district court affirmed the commissioner based on substantial evidence.   The Court of Ap...

Court of Appeals Affirms Commissioner's Decision on Causation, Extent of Disability

Pella Corporation v. Marshall , No. 14-2121 (Iowa App. April 6, 2016) involved a claimant who sustained an injury to his right shoulder.  At the deputy level, claimant's injury was found not to have arisen out of employment.  This decision was reversed by the commissioner, who concluded that claimant had a 20% industrial disability.  At the first judicial review proceeding, the case was remanded to the commissioner for a determination of whether the facts as testified to by the claimant or the history contained in the medical records would govern.  On remand the commissioner affirmed the initial decision, finding that no deference was provided to the original arbitration decision because there had been no credibility finding made in that decision.  This decision was affirmed by the district court. On appeal, after discussing the history and facts of the case in great detail, the court affirmed with respect to causation and the degree of industrial disability. ...