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Cavanaugh v. Iowa Dept. of Human Services10/30/2002
Julie Cavanaugh appeals from the district court's ruling on judicial review affirming the workers' compensation commissioner's decision. AFFIRMED.
Julie Cavanaugh appeals from the district court's ruling on judicial review affirming the workers' compensation commissioner's decision. Cavanaugh contends (1) the Dunlavey legal causation standard is inapplicable to the facts of this case, and (2) that the record contains substantial evidence to support the finding she was exposed to extraordinary stressors in the workplace. We affirm.
Background Facts and Proceedings.
Julie Cavanaugh was employed by the Iowa Department of Human Services (DHS) as a child support recovery worker from 1976 to 1981. In 1981 Cavanaugh was promoted to regional supervisor for the central region of the Child Support Recovery Unit, and she remained in that position until July 1994, when she was demoted to a nonsupervisory position. In January 1994, prior to her demotion, Cavanaugh sustained a nonwork-related neck injury and underwent treatment.
In 1994 the state government underwent reorganization requiring state agencies to reduce their supervisory personnel. As a result, Cavanaugh was demoted to a nonsupervisory position, and she was required to transfer the physical location of her office to the fifth floor of the Hoover State Office Building. She expressed concern to James Hennessy, her supervisor, about the location of her office, as she was afraid of heights. Further, Cavanaugh indicated to Hennessy her preference in remaining at her original workstation on the first floor. Hennessy requested that she provide a medical verification regarding her fear of heights and her need for an accommodation. Cavanaugh was unable to do so because it had been awhile since she had the problem. Shortly before July 4, 1994, Cavanaugh spoke with Hennessy about having an office away from the window. During this conversation, Cavanaugh also told Hennessy about her desire to apply for long-term disability benefits due to her back problems. They discussed the procedure for applying for long-term disability benefits.
On July 5, 1994, Cavanaugh reported to work on the fifth floor of the Hoover Building. While at work she experienced increasing fear and anxiety to the extent that she felt she had to leave work. Cavanaugh was on leave between July 1994 and May 1995. During Cavanaugh's absence, Hennessy spoke with her counselor, Dr. Judith Reinhardt, regarding whether she could return to work and perform the essential functions of her job. Dr. Reinhardt responded by providing restrictions including a transfer out of the Child Support Recovery Unit. Given those restrictions, it appeared Cavanaugh could not perform the essential functions of her job. Cavanaugh never returned to work and eventually received long-term disability benefits.
In May 1995 Cavanaugh filed a workers' compensation claim contending the mental injury she suffered on July 5, 1994, arose out of and in the course of employment. The deputy commissioner entered a decision denying benefits. She appealed. On October 27, 1999, the commissioner affirmed the arbitration decision. Cavanaugh filed a petition for judicial review challenging the commissioner's decision. On March 14, 2001, the Polk County District Court entered a ruling affirming the commissioner's decision and holding that Cavanaugh failed to prove "legal causation by showing she was subjected to work-related stressors of a greater magnitude than the day-to-day mental stressors that workers employed in the same or similar jobs, experience routinely regardless of their employer". Cavanaugh appeals.
Standard of Review. Our review is governed by Iowa Cod
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