Supreme Court Again Reinforces Vitality of Substantial Evidence in Odd Lot Case
In Gits Mfg. v. Frank , 855 NW2d 195 (Iowa 2014), the Supreme Court once again noted that the determination evidentiary issues, including medical causation and the extent of industrial disability, is within the peculiar province of the commissioner, and absent unusual circumstances, should be determinative on appellate review. In doing so, the court reversed the decision of the Court of Appeals, which had concluded that substantial evidence did not support the finding of permanent and total disability. The agency concluded that claimant was permanently and totally disabled under the odd lot rule. This determination was reversed by the Court of Appeals, which concluded that substantial evidence did not support the agency's finding. The Supreme Court noted that substantial evidence supports an agency's decision even if the interpretation of the evidence may be open to a fair difference of opinion, citing Arndt v. City of LeClaire , 728 N.W.2d 389, 393 (Iowa 2007). Th...