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Laws-info.com » Cases » Iowa » Court of Appeals » 2007 » JOSEPH P. KRAMER, Petitioner-Appellant, vs. R.L. CRAFT ROOFING COMPANY, ACADEMY ROOFING COMPANY and CNA INSURANCE COMPANY, Respondents-Appellees.
JOSEPH P. KRAMER, Petitioner-Appellant, vs. R.L. CRAFT ROOFING COMPANY, ACADEMY ROOFING COMPANY and CNA INSURANCE COMPANY, Respondents-Appellees.
State: Iowa
Court: Court of Appeals
Docket No: No. 7-053 / 05-2117
Case Date: 07/25/2007
Preview:IN THE COURT OF APPEALS OF IOWA No. 7-053 / 05-2117 Filed July 25, 2007

JOSEPH P. KRAMER, Petitioner-Appellant, vs. R.L. CRAFT ROOFING COMPANY, ACADEMY ROOFING COMPANY and CNA INSURANCE COMPANY, Respondents-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Shelby County, James S. Heckerman, Judge.

Joseph Kramer appeals a workers' compensation decision. AFFIRMED.

Richard B. Maher, Omaha, Nebraska, for appellant. Joseph Happe, West Des Moines, for appellee R.L. Craft Roofing and CNA Insurance. Michael C. McEnroe and Carolyn A. Rafferty, Waterloo, for appellees Academy Roofing and CNA Insurance.

Considered by Vogel, P.J., and Vaitheswaran and Eisenhauer, JJ.

2 VAITHESWARAN, J. Joseph Kramer appeals a workers' compensation decision finding no causal relationship between his claimed disabilities and two on-the-job motor vehicle accidents. I. Background Facts and Proceedings Kramer worked for R.L. Craft Roofing Company as a supervisor. In 1999, he was driving on business when another vehicle struck his. A short time later, the right side of his neck swelled. The following day, Kramer saw his family physician, Dr. Bendixen. Dr. Bendixen diagnosed Kramer with neck strain and muscle contraction headaches. The following year, Kramer began working for a new employer, Academy Roofing. In 2001, Kramer was making a delivery for Academy when he drove over a manhole cover and hit a retaining wall. At a hearing, he testified he hurt his left eye, right shoulder, lower back, left leg, and neck. He also testified that one of the medications administered after the accident caused him to experience sensitivity to sunlight. Kramer filed petitions for workers' compensation benefits. The deputy

workers' compensation commissioner denied the claims after finding no causal relationship between his claimed disabilities and the accidents. The workers' compensation commissioner affirmed, as did the district court on judicial review. II. Standard of Review On appeal, Kramer cites several judicial review standards. We believe the appeal is controlled by one: whether the agency decision is

3 [b]ased upon a determination of fact clearly vested by a provision of law in the discretion of the agency that is not supported by substantial evidence in the record before the court when that record is viewed as a whole. Iowa Code
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