Isaac Millanes-Ortiz
v.
Loyd Roling Construction and Grinnell Mutual Reinsurance
Appellant
Isaac Millanes-Ortiz
Appellee
Loyd Roling Construction and Grinnell Mutual Reinsurance
Attorney for the Appellant
Andrew W. Bribriesco
Attorney for the Appellee
Stephen W. Spencer and Christopher S. Spencer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David Nelmark, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and Greer, JJ. Opinion by Greer, J. (14 pages)
Isaac Millanes-Ortiz (Ortiz) appeals the district court’s ruling affirming the denial of permanent partial disability benefits by the Workers' Compensation Commissioner (the commissioner). He attacks the commissioner’s decision from three angles. First, he claims the commissioner erred as a matter of law by only considering the American Medical Association (AMA) guidelines to determine permanency. Next, Ortiz argues the commissioner misapplied law to fact by failing to consider chronic pain as sufficient evidence of a change in physiological capacity in a scheduled-member case. And finally, because the district court found Ortiz suffered from chronic pain, Ortiz maintains the commissioner’s decision to deny permanent disability is not supported by substantial evidence. OPINION HOLDS: Evidence was sufficient to support the decision made by the commissioner, there was not a misapplication of law to fact, and the AMA guidelines further supported this decision even when countered with evidence of chronic pain. We affirm.
