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Brian Barry
v.
John Deere Dubuque Works of Deere & Company
Appellant
Brian Barry
Appellee
John Deere Dubuque Works of Deere & Company
Attorney for the Appellant
Thomas M. Wertz and Mindi M. Vervaecke
Attorney for the Appellee
Dirk J. Hamel
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge. AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ. Opinion by Buller, J. (9 pages)
Brian Barry appeals from a judicial-review proceeding affirming denial of a review-reopening petition. OPINION HOLDS: The commissioner did not abuse his discretion in rejecting the opinion of Barry’s expert or in evaluating the expert’s use of the AMA Guides when weighing credibility. Substantial evidence supports the commissioner’s conclusion that Barry failed to carry his burden to prove his current condition warranted reopening his earlier disability award.
