Tim Neal v. Annett Holdings, Inc.
Supreme Court of Iowa
1DissentMansfield, Justice
I respectfully dissent. In my view, the commissioner has misapplied the law to invalidate a seemingly reasonable temporary rehabilitation and light-duty work *528program. That program appears well-designed to serve the needs of both an Iowa employer and its employees. Additionally, I see no basis for the commissioner’s factual finding that a truck driver who has lifting restrictions but can still obtain and perform work as a truck driver has suffered a sixty percent loss of earning capacity. For these reasons, I would reverse and remand.
I. Background.
Tim Neal, a forty-seven-year-old high school…
2Cases cited5 opinions
- Iowa State Fairgrounds Security v. Iowa Civil Rights CommissionSupreme Court of Iowa · 1982
- Second Injury Fund of Iowa v. NelsonSupreme Court of Iowa · 1996
- Swiss Colony, Inc., And Sentry Insurance Vs. Kent J. DeutmeyerSupreme Court of Iowa · 2010
- Litzinger v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1999
- Trout v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2003