Opinion
No. 3-005 / 01-1359
Filed April 4, 2003
Appeal from the Iowa District Court for Dubuque County, Lawrence H. Fautsch, Judge.
The petitioner seeks further judicial review of a denial of permanent disability benefits from the workers' compensation commissioner. AFFIRMED.
James Webb, Dubuque, for appellant pro se.
Dirk Hamel of Norman, Gilloon, Wright Hamel, P.C., Dubuque, for appellee.
Considered by Sackett, C.J., and Zimmer and Vaitheswaran, JJ.
James Webb seeks further judicial review of a workers' compensation ruling denying him permanent disability benefits. He claims the decision is not supported by substantial evidence. SeeIowa Code § 17A.19(10)(f) (1999 Supp.); Wal-Mart Stores, Inc. v. Caselman, 657 N.W.2d 493, 498 (Iowa 2003) (holding date of final agency action determines whether amended judicial review provisions apply).
On our review of the record as a whole we cannot agree. Webb was an employee of Spahn Rose Lumber Company. While working, he was struck on the scalp by a twenty-foot piece of timber. His subsequent course of medical treatment was thoroughly and ably summarized by the deputy workers' compensation commissioner. After assessing the evidence, the deputy commissioner concluded Webb "failed to demonstrate a casual connection between the work injury and the claimed disabilities. . . ." On judicial review, the district court affirmed. While the record contains some evidence in support of Webb's claim, our highest court recently reaffirmed that evidence is not insubstantial merely because it would have supported contrary inferences. Caselman, 657 N.W.2d at 499. Finding substantial evidence to support the agency decision, we affirm.