Tim Neal v. Annett Holdings, Inc.
814 N.W.2d 512
| Iowa | 2012Background
- Tim Neal, a high-school-educated over-the-road truck driver for TMC, injured his right shoulder in Sept. 2007 in Michigan.
- Medical restrictions limited lifting; TMC offered Neal light-duty work in Des Moines, Iowa, 387 miles from his Grayville, Illinois home.
- Neal declined the Des Moines light-duty offer; TMC suspended his temporary disability benefits.
- Arbitration deputy ruled Neal refused suitable work and awarded 15% permanent partial disability; commissioner reversed on suitability but affirmed 60% industrial disability.
- District court reversed the suitability ruling but affirmed the 60% disability; this Court reverses the district court on suitability but affirms disability.
- The court holds geographic proximity may be considered in determining suitability, and substantial evidence supports the 60% disability finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the offered light-duty work was ‘suitable work’ under Iowa Code 85.33(3). | Neal argues the 387-mile distance makes the job unsuitable. | Annett contends suitable work need only align with Neal’s disability, regardless of distance. | Yes; the offer was not suitable because of the geographic distance. |
| Whether substantial evidence supports Neal’s sixty percent industrial disability. | Neal contends disability should be lower given his ability to work in other capacities. | The commissioner’s analysis of age, education, and restrictions supports a 60% disability. | Yes; substantial evidence supports a 60% industrial disability. |
Key Cases Cited
- Schutjer v. Algona Manor Care Ctr., 780 N.W.2d 549 (Iowa 2010) (standard for sufficiency of agency fact-finding and law applying 85.33(3))
- Renda v. Iowa Civil Rights Comm’n, 784 N.W.2d 8 (Iowa 2010) (deference to agency interpretive authority; limits on agency interpretation of statute)
- Lakeside Casino v. Blue, 743 N.W.2d 169 (Iowa 2007) (standard of review for agency interpretations of law)
- Meyer v. IBP, Inc., 710 N.W.2d 213 (Iowa 2006) (application of 17A standards; substantial evidence)
- Deutmeyer, 789 N.W.2d 129 (Iowa 2010) (factors for industrial disability and earning capacity)