Loren Lee Pesicka, Jr.
v.
Snap-On Logistics Company a/k/a Snap-On Tools Manufacturing Company
Appellant
Loren Lee Pesicka, Jr.
Appellee
Snap-On Logistics Company a/k/a Snap-On Tools Manufacturing Company
Attorney for the Appellant
Mark S. Soldat
Attorney for the Appellee
Joni L. Ploeger
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. AFFIRMED. Considered by Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Schumacher, J. (15 pages)
A worker appeals from a district court decision reviewing his claim for benefits brought before the Iowa Workers’ Compensation Commissioner. On appeal, he argues the commission erred by awarding less permanent disability than the legislature mandated; the commissioner erred by awarding permanent disability compensation based upon only objective evidence; and the commissioner erred by reducing reimbursement of an independent medical examination (IME) fee. OPINION HOLDS: We affirm the district court order, which affirmed the commissioner’s award following hearing on claimant’s reopening petition. We reject Pesicka’s argument regarding evidence of subjectively manifested impairment. We find no abuse of discretion in the decision to reduce reimbursement for the IME fee.
