Legal Opinion · Dissent

Tim Neal v. Annett Holdings, Inc.

Supreme Court of Iowa

Decided March 2, 2012No. 10–2117Published

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

  1. Iowa State Fairgrounds Security v. Iowa Civil Rights CommissionSupreme Court of Iowa · 1982
  2. Second Injury Fund of Iowa v. NelsonSupreme Court of Iowa · 1996
  3. Swiss Colony, Inc., And Sentry Insurance Vs. Kent J. DeutmeyerSupreme Court of Iowa · 2010
  4. Litzinger v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1999
  5. Trout v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2003

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