Court of Appeals Affirms Commissioner Decision Rejecting Expert Opinion
In Orris v. College Community School District , No. 17-0742 (Iowa App. Jan. 10, 2018). the Court of Appeals addressed an issue where claimant alleged that the commissioner erred in rejecting the unrebutted opinion of claimant's expert. Claimant had filed a review reopening petition, alleging that her fibromyalgia condition had worsened and that she was entitled to more than the 30% industrial disability she had originally been awarded. Although the deputy concluded that claimant's condition had worsened, she found that the worsening of the condition was not causally related to her original work injury. No increase in benefits was awarded. The district court affirmed this finding. At hearing, Dr. Bansal had concluded that claimant's fibromyalgia had followed a logical medical progression, related to her original work injury. Dr. Bagheri, claimant's original treating physician, noted that fibromyalgia is lifelong, but does not get worse and rema...