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FLEXSTEEL INDUSTRIES9/13/2000
I. Background Facts and Proceedings.
This case originated with Scholl's claim seeking workers' compensation benefits for a left shoulder injury he sustained on June 18, 1993, while employed as a truck driver at Flexsteel, Inc. Flexsteel denied liability for Scholl's benefits citing medical reports indicating Scholl's injuries were not work related.
The industrial commissioner resolved the resulting factual disputes against Flexsteel. The commissioner determined Scholl's shoulder injury arose out of and in the course of his employment in June 1993. As a result, Scholl was awarded industrial disability benefits based on a fifteen-percent industrial disability rating.
On judicial review, Flexsteel challenged the sufficiency of the evidence supporting the commissioner's determination Scholl's injury was work related. Flexsteel also challenged the commissioner's finding Scholl sustained an industrial disability as a result of his injury and the actual percentage of Scholl's industrial disability.
The district court, citing the commissioner's resolution of conflicting medical evidence, affirmed the commissioner's finding that Scholl's injury was work related. The court also rejected Flexsteel's challenge to the commissioner's finding of an industrial disability and resulting industrial disability rating.
On appeal Flexsteel first contends Scholl failed to prove his 1993 injury was work related. Flexsteel also argues there is no evidence indicating Scholl suffered an industrial disability resulting from his 1993 injury, and even if he did, the record does not justify a fifteen-percent industrial disability.
II. Standard of Review.
Our review of this case is governed by Iowa Code chapter 17A (1991). See Iowa Code § 88.26; Second Injury Fund v. Nelson, 544 N.W.2d 258, 264 (Iowa 1995). Our review of administrative agency decisions — like that of the district court — is limited to correcting legal error. Second Injury Fund v. Shank, 516 N.W.2d 808, 812 (Iowa 1994). The findings of the commissioner are akin to a jury verdict, and we broadly apply them to uphold the commissioner's decision. Id. The question is not whether the evidence supported a different decision, but whether it supported the decision actually made by the industrial commissioner. Terwilliger v. Snap-On Tools Corp., 529 N.W.2d 267, 271 (Iowa 1995).
We may reverse, modify, or remand this case to the commissioner for further proceedings if the agency decision is affected by an error at law, or if the decision is not supported by substantial evidence. Quaker Oats v. Ciha, 552 N.W.2d 143, 149-50 (Iowa 1996). Evidence is substantial if a reasonable mind would find it adequate to reach the same findings. Murillo v. Blackhawk Foundry, 571 N.W.2d 16, 17 (Iowa 1997). The commissioner's decision does not lack substantial evidence because inconsistent conclusions may be drawn from the same evidence. Id.
III. Did Scholl's Injury Arise out of and in the Course of Employment?
Scholl, as the claimant, bore the burden to prove his injuries arose out of and in the course of employment. Quaker Oats, 552 N.W.2d at 150. An injury arises "out of" the employment when there is a causal relationship between the employment and the injury. See 2800 Corp. v. Fernandez, 528 N.W.2d 124, 128 (Iowa 1995). The cumulative injury rule permits an employee to receive benefits for an accidental disability that gradually develops over a period of time. McKeever Custom Cabinets v. Smith, 379 N.W.2d 368, 373-74 (Iowa 1985). For purposes of this rule, the compensible injury occurs when pain prevents the employee from continuing to work. Id. at 74. The commissioner
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