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Case No. 18-0152

Naima Cerwick v. Tyson Fresh Meats, Inc.

Naima Cerwick, Plaintiff-Appellant

Tyson Fresh Meats, Inc., Defendant-Appellee

Attorney for Appellant

R. Saffin Parrish-Sams

Attorney for Appellee

Jason P. Wiltfang
Stephanie L. Marett (until withdrawal)

Amicus Curiae
Thomas Newkirk, amicus curiae
Melissa C. Hasso, for amicus curiae National Employment Lawyers Association
Lori Bullock, for amicus curiae National Employment Lawyers Association
Tyler M. Smith, for amicus curiae Iowa Defense Counsel Association
Joel E. Fenton, for amicus curiae Iowa Association for Justice

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0152
Date Published:
Feb 06, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Doyle, P.J.  (11 pages)

            Naima Cerwick appeals the denial of her petition for judicial review.  OPINION HOLDS: Substantial evidence supports the finding that Cerwick provided an inconsistent history of the fall and resulting injury.  Although a trier of fact might conclude the evolution of Cerwick’s explanation of her fall and injuries was a result of communication difficulties, our task on appeal is not to determine whether the evidence supports a different finding; our task is to determine whether substantial evidence supports the finding actually made.  The arbitration decision sets forth a detailed recitation of the evidence and the weight the deputy afforded it.  Cerwick’s claim that the deputy ignored evidence is unsupported; rather, the weight the deputy afforded the evidence and the conclusions the deputy drew conflicts with Cerwick’s view of the evidence.  Because substantial evidence supports the agency decision, we affirm the district court’s denial of Cerwick’s petition for judicial review.

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