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QUAKER OATS COMPANY v. HITTIE8/16/2000
Considered by Mahan, P.J., Zimmer, J., and Hayden, S.J.[fn*]
[fn*] Senior judge assigned by order pursuant to Iowa Code section 602.9206 (1999).
Petitioner Quaker Oats Company claims substantial evidence did not support the commissioner's finding respondent had a work related injury to his left shoulder because there was no expert testimony of an injury or impairment. Petitioner-appellant (Quaker Oats) also claims the industrial commissioner erred in determining the respondent appellee (Hittie) had a twenty-five percent industrial disability.
Hittie has worked for Quaker Oats since 1980. He does not have a high school diploma and has limited communication skills. At the time of injury he was forty-nine years old.
On April 19, 1993, Hittie was injured at work while he was lifting a heavy roll of film into a machine. He asserts he suffered a pop in the back of his neck and felt pain down his neck and left side of his body. He received medical treatment and therapy for his arm, neck and shoulder. Quaker Oats disputes Hittie suffered neck and shoulder injuries which were related to the April 19, 1993 work injury. Since that time Hittie has worked full-time for Quaker Oats.
On September 6, 1996, Dr. Winthrop Risk, a neurologist, evaluated Hittie for an opinion on permanent partial impairment rating. His diagnosis is left carpal tunnel syndrome and left ulnar nerve entrapment syndrome. These two conditions were operated on August 4, 1993. Also Hittie suffered first dorsal compartment left wrist. This was operated on August 26, 1993. Also he suffered left radial tunnel syndrome and that was operated on the spring of 1994.
It was Dr. Risk's opinion Hittie's condition is related to the event of April 19, 1993. Dr. Risk agreed with the evaluation of Dr. Grado and Dr. Miller and concurred with their calculation. This is fourteen percent permanent partial impairment of the left upper limb due to the carpal tunnel, ulner nerve and dorsal compartment. There is also a one percent rating due to the radial nerve, per Dr. Lowe. These calculations were combined to give a fifteen percent impairment of the left upper limb. This translates into a nine percent impairment of the body as a whole.
Dr. Lowe, Dr. Ray Miller, and Dr. Chad Abernathey treated Hittie for these conditions. Dr. Abernathey performed the surgeries. Dr. Grado was also one of Hittie's doctors. These doctors furnished Dr. Risk their medical reports and history on appellee Hittie.
The deputy insurance commissioner concluded Hittie incurred an injury to his upper extremity and to his neck resulting in several surgeries that arose out of and in the course of his employment on April 19, 1993. The deputy commissioner awarded Hittie 35% industrial disability.
Quaker Oats appealed this decision to the industrial commissioner. The commissioner reviewed the record including the transcript of the hearing before the deputy and all the exhibits admitted. This review was de novo.
The industrial commissioner determined Hittie failed to carry his burden to show his neck condition was caused by his work injury of April 19, 1993. Hittie did show his arm injury was caused by his work injury of April 19, 1993. The industrial commissioner also determined Hittie's arm injury also involved his left shoulder. The commissioner determined Hittie was unable to work as he formerly did for Quaker Oats and has suffered severe restrictions.
The workers compensation commissioner considered Hittie's medical and work history before and after his April 19, 1993 injury. She also considered Hittie's education; his intellectual abilities; his wages prior t
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