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Case No. 17-1774

For summaries from opinions prior to August, 2018, view PDF versions here

Ronald William Brinck
v.
Siouxland Mental Health Center and The Cincinnati Insurance Company

Appellant

Ronald William Brinck

Appellee

Siouxland Mental Health Center and The Cincinnati Insurance Company

Attorneys for Appellant

Mark S. Soldat

Attorneys for Appellee

Kathleen Roe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1774
Date Published:
Sep 12, 2018
Summary

            Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (14 pages)

            Ronald Brinck appeals the dismissal of his petition for judicial review affirming the Workers’ Compensation Commissioner’s denial of his petition to review-reopen a prior action.  OPINION HOLDS: Substantial evidence by way of an expert’s reasonable opinion supports the agency’s determination that Brinck failed to establish his psychosis was proximately caused by his 2009 injury.  Moreover, the district court did not err in affirming the agency’s conclusion that, even if Brinck could establish causation, his claim is barred by res judicata because he could have litigated the issue at the time of his settlement but did not.  Accordingly, we affirm the district court’s ruling denying Brinck’s petition for judicial review.

Date Amended:
Sep 14, 2018
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