Court of Appeals Affirms Permanent Total Award on Substantial Evidence Grounds
Regional Care Hospital Partners, Inc. v. Marrs No. 22-0959 (Iowa App. Feb. 8, 2023) This action, previously before the Court Regional Care Hosp. Part., Inc. v. Marrs , No. 19-2138 (Iowa App. Feb. 17, 2021) was a decision by the commissioner finding claimant had suffered a permanent total disability. Defendants argued that because a FCE had placed claimant in the light work category, she was not permanently and totally disabled. That FCE, however, had also indicated that claimant should limit sitting and standing to a rare basis, 1-5% of an 8 hour day. Claimant had also testified that she spent most of the day laying down. Defendants also aruged that a vocational report had found that jobs were available for claimant and claimant argues that the VE never met with her and that she could not perform the jobs listed by the VE. Based on this, the deputy concluded claimant had an 80% industrial disability. The commissioner awarded permanent and tota...