Opinion
No. 13–0636.
2013-12-18
James McCARTHY, Plaintiff–Appellant/Cross–Appellee, v. JELD–WEN, INC., Defendant–Appellee/Cross–Appellant.
There are no other medical opinions in the record supporting July 31, 2009, as the basis for when McCarthy was unable to work. Nor was it disputed he was laid off due to a reduction in work force. Without a definitive expert report indicating McCarthy could not work as of July 31, 2009, I find it was an error for the agency to have awarded healing period benefits commencing on that date. McCarthy simply failed in his burden of production on this issue. Dunlavey v. Econ. Fire & Cas. Co., 526 N.W.2d 845, 849 (Iowa 1995) (stating the burden rests on the worker to show an injury arose out of and in the course of his employment); Flint v. City of Eldon, 183 N.W.2d 344, 346 (Iowa 1921) (holding the burden of proof rests upon the claimant to establish his claim for benefits by a preponderance of the evidence). Termination due to a reduction in work force is not enough to support the finding McCarthy was entitled to healing period benefits, and therefore I would reverse the award of healing period benefits.