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[T] American National Can Co. v. Gilleland11/26/2003
Employer appeals an adverse judicial review decision which found substantial evidence existed to support a finding that claimant was permanently and totally disabled. AFFIRMED.
Appellant American National Can Company (ANCC) claims the district court erred in affirming the Iowa workers' compensation commissioner's finding that Bonnie Gilleland was permanently totally disabled. We affirm.
I. Background Facts and Proceedings
In October 1999 Bonnie Gilleland filed a claim with the Iowa workers' compensation commissioner seeking benefits under the Iowa workers' compensation act, Iowa Code chapter 85 (1999). She alleged cumulative trauma to both upper extremities with an injury date of May 5, 1997.
The record reveals Gilleland worked for ANCC as a bag machine operator for approximately twenty years before developing bilateral carpal tunnel syndrome in late 1996 or early 1997. Prior to working at ANCC, Gilleland worked in a factory as a production worker and in a large commercial laundry as a shirt presser. While working at ANCC, Gilleland suffered various injuries to her arms and hands including carpal tunnel syndrome, trigger finger in her thumbs and index fingers, flexor tenosynovitis, Raynaud's phenomenon, and overuse syndrome. Initially, she received conservative treatment. However, those treatments failed and Dr. Teri S. Formanek performed carpal tunnel releases on her left side on August 4, 1997, and on her right side on September 5, 1997. Dr. Formanek opined that Gilleland's injuries were the result of a combination of work activities and an underlying hyperthyroid condition.
Following her surgeries, Gilleland made several attempts to return to her job at ANCC with restrictions. However, each time she tried to go back to work her hands would ache and begin to swell up. On June 16, 1998, Dr. Formanek took Gilleland off work completely so that she could rest her hands.
Dr. Formanek saw Gilleland for the last time on October 27, 1998. On that date, he injected the right side of Gilleland's right thumb flexor sheath and told her that she should have another re-injection or a surgical release of the index and thumb flexor tendons. He noted that these suggestions would only ease her pain. He indicated she would probably be intolerant of the work she had been performing because of the possibility of recurrent symptoms.
Gilleland has not worked at ANCC since June of 1998. In 1999, she applied for social security disability benefits. Gilleland was awarded benefits dating back to June 1998 after the Social Security Administration declared her disabled.
Several physicians provided treatment to Gilleland for the injuries she received while working at ANCC. They all agreed that Gilleland is no longer capable of working as a factory production worker. They also agreed that she should avoid repetitive use of her upper extremities.
Hearing on Gilleland's claim for benefits was held before a deputy workers' compensation commissioner on April 5, 2001. The deputy granted Gilleland a permanent total disability award. ANCC appealed and the chief deputy workers' compensation commissioner affirmed the deputy's decision. ANCC then petitioned for judicial review before the district court and the agency decision was upheld. ANCC appeals.
Scope of Review
Our review of a final decision of the workers' compensation commissioner is for correction of errors of law. Second Injury Fund v. Shank, 516 N.W.2d 808, 812 (Iowa 1994). We determine whether the district court correctly applied the law in exercising its section 17A.19(8) judicial review function. Gilbert v. USF Holland, Inc., 637 N.W.2d 19
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