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American National Can Co. v. Bacon5/31/2002
An employer appeals from an award of workers' compensation benefits to an employee, contending the commissioner's decision was unsupported by substantial evidence. AFFIRMED.
An employer seeks further review of the workers' compensation commissioner's award of compensation benefits to a claimant. The employer contends the commissioner's causation and industrial disability determinations are not supported by substantial evidence. We affirm.
I. Background Facts and Proceedings and Standard of Review
American National Can Company is in the business of making plastic shrink bags for packing houses. Wilma Jean Bacon began working for the company in 1980. Her primary duties included supplying machine operators with the materials they needed to make the bags, relieving them when necessary, and taking finished product to the warehouse.
In 1989, Bacon slipped on some ball bearing rollers and sustained an injury to her neck. Dr. Jones, a neurosurgeon, performed fusion surgery. Bacon returned to work but was restricted to eight hours a day. After about two years, this restriction was removed.
In 1996, Bacon was again injured at work when a 400 to 500 pound overhead door fell on her from a height of about twenty feet. She complained of neck and right shoulder pain, as well as hip and ankle pain. After determining her ankle was fractured, a physician instructed Bacon to rest, use ice, elevate her leg, and take pain medication as needed. Bacon returned to work approximately six weeks after this second injury. She continued to work for almost two years.
In May 1998, Bacon took a leave from work to undergo elective breast surgery. While off work for that surgery, she awoke one morning with a severe pain in her neck, radiating into her arm. Her treating physician, Dr. Winston, determined she had a herniated disc and recommended surgery as soon as possible. Bacon underwent neck surgery, began a rehabilitation program, and was prescribed pain medication.
Bacon sought workers compensation benefits. The deputy commissioner awarded healing period and permanent partial disability benefits and the workers' compensation commissioner affirmed the award, as did the district court on judicial review.
American Can seeks further judicial review. The employer contends (1) Bacon's 1998 treatments were not causally related to the 1996 door episode and (2) Bacon did not suffer a sixty percent loss of earning capacity as a result of her injury. We review the agency's determinations to determine whether there is substantial evidence "in the record made before the agency when that record is viewed as a whole." Iowa Code section 17A.19(8)(f); IBP, Inc. v. Al-Gharib, 604 N.W.2d 621, 632 (Iowa 2000).
II. Causation
We find substantial evidence to support the commissioner's determination that the 1998 surgery and treatment were causally related to the 1996 door episode. Two of Bacon's treating physicians opined that there was a causal connection. Dr. Winston tied the 1998 treatments to both the 1989 and 1996 work injuries, stating, "I would believe, in view of her prior surgery and this significant accident of 1996, that the condition for which we treated her surgically in 1998 is causally related . . . ." Additionally, when asked if the door incident and ensuing injury "played a significant part in bringing about the need for" the 1998 surgery and Bacon's present condition, Dr. Winston answered " es." Similarly, Dr. Jones opined:
In so far as the patient has continued to have neck pain ever since the door episode in 1996, I believe that the door incident injured her neck and caused further deterioration of
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