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[T] ALUMINUM CO. OF AMERERICA v. MUSAL2/14/2001
Considered en banc.
In this appeal we review a ruling by the district court which vacated a decision by the Iowa Industrial Commissioner in an appeal and cross-appeal from an arbitration decision by a deputy industrial commissioner in a workers' compensation proceeding. The district court determined the industrial commissioner was not authorized to review the decision by the deputy after the parties failed to file briefs following the filing of their notices of appeal and cross-appeal from the decision of the deputy, and reinstated the deputy's decision. On our review, we find the district court correctly held the commissioner was not authorized to review the decision of the deputy without providing notice and an opportunity to file briefs, but granted improper relief by reinstating the deputy's arbitration decision.
I. Background Facts and Proceedings.
Joseph Musal fractured his right clavicle on February 26, 1994, while employed at Aluminum Company of America (ALCOA). Musal's injury occurred in the course of his employment.
Two doctors evaluated Musal to calculate his permanent impairment rating. One doctor found four percent impairment, while the other found two percent impairment. An arbitration hearing was eventually held before a deputy commissioner to resolve the disability benefits claim. The deputy found Musal suffered a two percent industrial disability from the 1994 injury, and ordered ALCOA to pay permanent partial disability benefits for a prescribed period.
Musal filed a notice of appeal with the industrial commissioner, as well as a certificate ordering a copy of the transcript of the hearing before the deputy. ALCOA filed a notice of cross-appeal. However, no additional filings were made by either party. In particular, Musal failed to file a brief containing a statement of the issues appealed and ALCOA failed to file a brief in support of its cross-appeal.
After the appeal sat dormant for more than a year, the industrial commissioner filed an appeal decision modifying the deputy's finding of industrial disability from two to four percent. The commissioner acknowledged the inactivity in the case, and indicated it was being "considered generally and without regard to particular issues."
ALCOA filed a petition for judicial review. It claimed the commissioner did not have the power to review the decision because Musal failed to file a brief setting forth the issues to be decided on appeal. The district court reversed and vacated the decision of the industrial commissioner, and reinstated the deputy's arbitration decision. [622 NW2d Page 478]
Musal appeals. He claims the procedural rules governing appeals to the industrial commissioner from a decision by a deputy commissioner do not require, but only permit, briefs to be filed. Consequently, he claims a notice of appeal authorizes the commissioner to generally review a deputy's decision if briefs are not filed. ALCOA contends both the Iowa administrative rules and principles of due process require the issues in an appeal to be identified before the industrial commissioner is authorized to enter a decision.
II. Scope of Review.
Our review of decisions of the industrial commissioner is governed by Iowa Code chapter 17A. Squealer Feeds v. Pickering, 530 N.W.2d 678, 681 (Iowa 1995); Mortimer v. Fruehauf Corp., 502 N.W.2d 12, 14 (Iowa 1993). We limit our review "to the correction of errors at law made by the industrial commissioner and the district court." Walsh v. Schneider Nat'l Carriers, 497 N.W.2d 895, 897 (Iowa 1993).
III. Failure of the Parties to File Briefs.
The Iowa Administrative Cod
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