Court Reverses Agency Decision Denying Benefits
Bensley v. Dee Zee , No. 1-638 (Iowa App. Sept. 8, 2011) is a case in which benefits were initially denied to claimant's at the arbitration level, a conclusion that was affirmed on appeal. Claimant alleged elbow and shoulder problems, and in the arbitration decision, the finding was made that claimant had not established how her shoulder injury had occurred, and dismissed that claim. The district court (Judge Rosenberg) reversed, finding that the evidence was "overwhelmingly" in favor of causation. On appeal to the court of appeals, the decision of the agency is reversed, and the decision of the district court adopted. The employer argued that claimant's injury was preexisting and not caused by claimant's work activities. The court concludes that the issue of causation is largely a determination based on the medical evidence. The court finds it "clear" that the evidence did not support the conclusions made by the commissioner. The court notes ...