from the Iowa District Court for Polk County, David May,
employee appeals the district court's decision upholding
the worker's compensation commissioner's finding of
no permanent disability.
Randall P. Schueller of Loney & Schueller, LLC, West Des
Moines, for appellant.
Cynthia S. Sueppel and Lindsey E. Mills of Smith Mills
Schrock Blades Montei, P.C., Cedar Rapids, for appellee.
Considered by Mullins, P.J., Bower, J., and Vogel, S.J.
[*] May, J.,
takes no part.
Khaldar Saghir appeals the district court ruling on judicial
review, upholding the Iowa Workers' Compensation
Commissioner's decision. Khaldar Saghir claims the
district court erred in finding he did not establish
permanent impairment and requests a determination of
industrial disability. We affirm the decision of the district
court and the commissioner.
Background Facts & Proceedings
Saghir moved to the United States in 2006. He earned a
college degree in civil engineering in 1996; however, since
moving here he has worked as a forklift driver, house
cleaner, pizza deliverer, handyman, and in the lumberyard at
Menards. He has sustained a number of injuries over the
2007, Khaldar Saghir sustained a back injury from a lifting
injury due to his employment. In 2008, he was involved in a
work-related forklift collision, which he claimed resulted in
head and neck injuries. He had a CT scan of his head and
spine, which came back normal.
2010, Khaldar Saghir was involved in a car accident while
delivering pizza in the course of his employment. He
initially complained of head, neck, and back injuries. He had
CT scans and x-rays, which came back normal. He returned to
the hospital multiple times in the following months
complaining of head pain, blurred and double vision, hearing
issues, and persistent memory problems. He was diagnosed with
post-concussive syndrome. He received medical treatment
relating to the accident through November 2013.
Neuropsychological testing in 2010, 2011, and 2013 noted
Khaldar Saghir claimed symptoms atypical of concussive brain
damage. The records reveal the evaluators did not consider
Khaldar Saghir to be putting forth sufficient effort for an
accurate diagnosis and specifically noted motivational
factors affecting the tests. CT and MRI scans performed for a
variety of complaints all showed normal function.
Saghir began working in the lumberyard at Menards in 2013. On
January 1, 2015, Khaldar Saghir incurred a work-related
injury when a piece of lumber fell on his head during the
course of his employment. Khaldar Saghir received medical
treatment and temporary disability workers' compensation
benefits. CT and MRI scans of his head, neck, and back had
normal results, aside from a slight bulging disk in his neck
not related to his claimed symptoms. By mid-February, his
treating neurologist recommended he return to at least light
duty and opined most of his symptoms related more to
depression than any physical result of the injury. In April
and May, Khaldar Saghir participated in occupational therapy
for his vision and sensory symptoms.
February 11, 2015, Khaldar Saghir filed a workers'
compensation petition. He moved to Florida in May or June. In
June, Khaldar Saghir underwent a neuropsychological
evaluation. His test results and complaints were found to be
inconsistent with the injury sustained, and behavioral
observations conflicted with test performance. On August 3,
the neurologist determined Khaldar Saghir was at maximum
medical improvement and in need of no further treatment. The
neurologist opined no permanent neurological impairment was
sustained and imposed no permanent work restrictions.
arbitration hearing on March 30, 2016, Khaldar Saghir and
Menards stipulated the injury was work related and caused
temporary disability during a recovery period. The parties
disputed the permanent nature of any disability, Khaldar
Saghir's entitlement to permanent ...