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Case No. 19-1759

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:
19-1759
Date Published:
Jul 21, 2021
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.

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