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Yanouskiy v. O'Holloran International

Court of Appeals of Iowa
Jul 13, 2011
803 N.W.2d 673 (Iowa Ct. App. 2011)

Opinion

No. 1-436 / 10-1907.

Filed July 13, 2011.

Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.

Aleksandr Yanouskiy appeals from the district court's decision on judicial review affirming the workers' compensation commissioner's ruling, which denied the claimant further benefits. AFFIRMED.

Jerry Jackson of Moranville Jackson, P.C., West Des Moines, for appellant.

William D. Scherle of Hansen, McClintock Riley, Des Moines, for appellees.

Considered by SACKETT, C.J., and DOYLE and DANILSON, JJ.


Aleksandr Yanouskiy appeals from the district court's decision on judicial review affirming the workers' compensation commissioner's ruling, which denied the claimant further benefits. Because we agree with the district court that substantial evidence supports the commissioner's ruling, we affirm.

O'Holloran International, Inc. is a diesel semi-tractor sales and service business. Yanouskiy began working for O'Holloran as a diesel mechanic shortly after he arrived in Des Moines, having immigrated from the Ukraine in 1996. His employment did require heavy lifting, and often lying on the ground under the truck being serviced, contorting his body to fit into the available space while doing repairs.

Yanouskiy suffered an injury to his right arm in December 11, 2003, which led to a series of surgeries. He suffered an injury to his left arm that manifested in August 2005, which too led to surgery. Yanouskiy later developed cervical spine disease, degenerative disc disease, and spondylosis, all of which he attributes to his work at O'Holloran.

He performed only light duty work for O'Holloran after February 8, 2007, and has not worked for O'Holloran in any capacity since September 2007. He received unemployment benefits from August 2007 through February 2008. Yanouskiy sent a "formal notice of my resignation/separation from O'Holloran" on September 18, 2008, in which he stated he had accepted another position as a sales representative with Lithia Motors.

This date may be August 2007, the record is not clear.

In June 2008, Yanouskiy filed a petition for arbitration alleging injuries to his right arm and to his back, and seeking additional permanent disability benefits. It appears Yanouskiy received disability benefits from O'Holloran as follows:

Disability benefits: From: To: Weeks $ Amount Temporary Total 01-10-04 02-23-04 6.429 3378.16 Temporary Total 07-26-04 10-17-04 12 6086.53 Temporary Partial 10-18-04 11-14-04 4 723.96 Temporary Partial 12-13-04 01-02-05 3 804.39 Temporary Total 01-03-05 06-14-05 23.286 12,214.41 Temporary Total 08-29-05 04-02-06 31 16,246.17 Temporary Total 04-10-06 05-21-06 6 3144.42 Temporary Partial 05-22-06 06-18-06 4 804.40 Temporary Total 11-03-06 11-06-06 .571 299.24 Temporary Total 04-05-07 04-05-07 .143 74.94 Temporary Total 04-27-07 04-29-07 .429 224.83 Permanent Partial 04-30-07 08-29-07 18.857 9957.33 Temporary Total 09-09-07 09-22-07 2 1048.14 Temporary Total 09-27-07 12-13-07 11.143 6663.03 Permanent Partial 12-14-07 06-08-09 77.571 40,503.27 Following a hearing, a deputy commissioner issued an arbitration decision detailing Yanouskiy's medical history and noting the opinions of the various doctors involved. The deputy specifically found that Yanouskiy "had no compunction about making statements to his medical providers that were inconsistent with his work restrictions and even his actual work or off work status when he made the statements." Thus, the deputy concluded medical opinions based on his statements of work restrictions and work status "cannot fairly be considered accurate." The deputy accepted the opinion of Dr. Kenneth L. Pollack that Yanouskiy's cervical complaints were not related to the December 11, 2003 work injury and withheld weight from the opinions of Drs. Daniel J. Baldi and John D. Kuhnlein — explaining that Dr. Pollack had a more accurate history on which to base his medical opinion.

The deputy found Yanouskiy had suffered work-related injuries to his right and left arms, for which he had already received compensation in excess of that to which he was entitled. The deputy ruled Yanouskiy would take nothing from the proceeding.

On intra-agency appeal, the commissioner affirmed and adopted the deputy's decision, with some additional explanation.

Yanouskiy sought judicial review in the district court. The district court issued a comprehensive, well-reasoned decision affirming the commissioner's rulings, including concerns as to the claimant's credibility. See Arndt v. City of Le Claire, 728 N.W.2d 389, 394-95 (Iowa 2007) ("It is the commissioner's duty as the trier of fact to determine the credibility of the witnesses, weigh the evidence, and decide the facts in issue.").

After a thorough review and consideration of the record, we conclude the district court's ruling is affirmed without opinion. See Iowa R. App. P. 6.1203( a), ( c), and ( d).

AFFIRMED.


Summaries of

Yanouskiy v. O'Holloran International

Court of Appeals of Iowa
Jul 13, 2011
803 N.W.2d 673 (Iowa Ct. App. 2011)
Case details for

Yanouskiy v. O'Holloran International

Case Details

Full title:ALEKSANDR YANOUSKIY, Petitioner-Appellant, v. O'HOLLORAN INTERNATIONAL…

Court:Court of Appeals of Iowa

Date published: Jul 13, 2011

Citations

803 N.W.2d 673 (Iowa Ct. App. 2011)