from the Iowa District Court for Polk County, Jeffrey D.
Cerwick appeals the denial of her petition for judicial
review of the Iowa Workers' Compensation
Commissioner's decision. AFFIRMED.
Saffin Parrish-Sams of Soldat & Parrish-Sams, PLC, West
Des Moines, for appellant.
P. Wiltfang of Scheldrup Blades, Cedar Rapids, and Stephanie
L. Marett (until withdrawal) of Nyemaster Goode, P.C., Des
Moines, for appellee.
Newkirk of Newkirk Zwagerman P.L.C., Des Moines, amicus
Melissa C. Hasso of Sherinian & Hasso Law Firm, Des
Moines, and Lori Bullock of Newkirk Zwagerman P.L.C., Des
Moines, for amicus curiae National Employment Lawyers
M. Smith of Smith Law Firm PLC, Altoona, for amicus curiae
Iowa Defense Counsel Association.
E. Fenton of Law Offices of Joel E. Fenton, PLC, Des Moines,
for amicus curiae Iowa Association for Justice.
by Doyle, P.J., and Mullins and McDonald, JJ.
Cerwick appeals the district court's ruling on judicial
review, which affirmed the Iowa Workers' Compensation
Commissioner's decision. She contends the decision was
unfairly influenced by implicit bias.
Background Facts and Proceedings.
was reporting for her work shift at Tyson Fresh Meats, Inc.
(Tyson) on February 28, 2013, when she slipped on ice and
fell in the parking lot. According to Cerwick, she fell
backward and hit the ground with her hands first. Cerwick
reported the fall to a supervisor, who directed her to health
services. She reported no pain at that time and returned to
March 6, 2013, Cerwick returned to Tyson's health
services, reporting that she was experiencing back pain and
asking to see a doctor. Health services referred Cerwick to
Concentra, where Dr. Sherry Hutchins examined her and
assessed her as having a thoracic strain. Dr. Hutchins
prescribed medication to treat the pain and referred Cerwick
to physical therapy. At a follow-up appointment with Dr.
Hutchins on March 25, 2013, ...