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Mid-Seven Transportation Co. v. Coffey10/26/2005
he can perform due to his disability are limited in quality, dependability, and quantity, such that a reasonable and stable market does not exist for his services. Guyton v. Irving Jenson, Co., 373 N.W.2d 101, 105 (Iowa 1995). An employee is considered totally disabled when he cannot perform regular work duties on a regular eight hour per day basis. See Acuity Ins. Co. v. Foreman, 684 N.W.2d 212, 219 (Iowa 2004).
The employee has the prima facie burden of production to show that suitable work is not regularly and continuously available. Guyton, 373 N.W.2d at 105.
Mid-Seven argues the following evidence demonstrates the Coffey did not satisfy his prima facie burden: (1) the only objective analysis of Coffey's functional abilities was done in 1994 and indicated Coffey could work at medium level; (2) other health problems of Coffey could explain his work restrictions; (3) Coffey has been active in his personal life, as he reported to his physicians in 2001 that he was fairly active, he plays golf, and can exercise; (4) a vocational counselor indicated Coffey had good employment potential but that his demands as to pay were somewhat unreasonable; and (5) surveillance video shows Coffey as being physically active at a fundraising event over a period of four days.
We conclude that there is substantial evidence in the record to support the agency conclusion that Coffey was not totally disabled.
AFFIRMED.
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