Presbyterian Homes & Services, Inc., d/b/a Mill Pond and Zurich American Insurance Company
v.
Mary Buchanan
Appellant
Presbyterian Homes & Services, Inc., d/b/a Mill Pond and Zurich American Insurance Company
Appellee
Mary Buchanan
Attorney for the Appellant
Valerie A. Foote
Attorney for the Appellee
Matthew Milligan
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Greer, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (23 pages)
Presbyterian Homes & Services, Inc., doing business as Mill Pond, and its insurer Zurich American Insurance Company appeal the district court order affirming in part and reversing in part a final decision of the Iowa Workers’ Compensation Commission. The claimant, Mary Buchanan, cross-appeals. Appellants argue the district court erred by finding (1) the commissioner’s factual findings on medical causation were supported by substantial evidence; and (2) the commissioner’s determination Buchanan had sustained sixty-five percent industrial disability as a result applied the correct legal standard and was supported by substantial evidence. On cross appeal, Buchanan argues the district court erred by reversing the final decision awarding her penalty benefits. OPINION HOLDS: Substantial evidence supported the commissioner’s finding on medical causation. The commissioner’s industrial disability rating was supported by substantial evidence and not irrational, illogical, or wholly unjustifiable. The district court correctly reversed the commissioner’s award of penalty benefits. We affirm.
