Court of Appeals Overturns Commissioner's Summary Judgment in Favor of Employer, Affirming District Court Reversal
Green v. North Central Iowa Regional Solid Waste Authority , No. 21-0490 (Iowa App. March 2, 2022) Claimant's initial claim resulted in a decision in which the commissioner concluded that claimant had failed to demonstrate a permanent brain injury arising out of employment. The district court affirmed, but remanded for findings concerning past medical expenses. Claimant subsequently filed a petition for review-reopening, asserting permanent and total disability. The employer filed a motion for summary judgment, alleging that it was entitled to judgment as a matter of law because claimant could not relitigate her claim for permanency. The deputy granted the motion, finding that the issues had been ripe for determination earlier and had been decided against her. The commissioner affirmed. On judicial review, the district court reversed the commissioner, finding that the "the commissioner's conclusion that Green's lack of award renders it incapable of b...