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Keever v. University of Iowa Hospitals and Clinics9/28/2005
Claimant-appellant Michael Keever contends the workers' compensation commissioner and the district court erred in determining that he did not sustain an injury which arose out of and in the course of his employment. AFFIRMED.
Considered by Sackett, C.J., and Mahan and Miller, JJ.
Claimant-appellant Michael Keever was injured following a fall off his bicycle as he rode to work at the University of Iowa Hospitals and Clinics (Hospital). He filed a petition seeking workers' compensation benefits from the Hospital and the State of Iowa. The agency determined that his alleged injuries did not arise in the course of his employment and on judicial review the district court affirmed the agency. Claimant on appeal contends the commissioner and the district court erred in finding he did not sustain an injury which arose out of and in the course of his employment. We affirm.
Background
Claimant is employed by University Hospitals and Clinics as an anesthesia technician. He works a 6:00 a.m. to 2:30 p.m. shift at the Colloton Pavilion on the hospital campus. At the time of his fall, a few minutes before 6:00 a.m. on May 18, 2000, he was on a sidewalk on the University of Iowa campus and was some two hundred and fifty yards from the entrance to the Pavilion where he was employed. Claimant contended, and the commissioner found, that his fall was the result of his stopping suddenly to avoid a collision with a riding lawnmower operated by a University of Iowa employee.
After a hearing a deputy workers' compensation commissioner found claimant's injuries did not arise out of or occur in the course of his employment. Claimant appealed to the commissioner who found, "Pursuant to Iowa Code section 86.24 and 17A.15 I affirm and adopt as final agency action those portions of the proposed decision in this matter that relate to issues properly raised on intra-agency appeal." The district court on judicial review affirmed the commissioner and dismissed the petition for further review.
Scope of Review
We review the district court decision by applying the standards of the Iowa Administrative Procedure Act to the agency action to determine if our conclusions are the same reached by the district court. University of Iowa Hospitals & Clinics v. Waters, 674 N.W.2d 92, 96 (Iowa 2004); Locate.Plus.Com, Inc. v. Iowa Dep't of Transp., 650 N.W.2d 609, 612 (Iowa 2002). Under the Iowa Administrative Procedure Act, a reviewing court may reverse the decision of the workers' compensation commissioner if it is not supported by substantial evidence in the record or characterized by an abuse of discretion. See Iowa Code ยง 17A.19(10) (2003); University of Iowa, 674 N.W.2d at 96.
Course of Employment
For the Workers' Compensation Act to apply, the claimant must show by a preponderance of the evidence that the employee's injuries arose out of and in the course of the employment. Waterhouse Water Conditioning, Inc. v. Waterhouse, 561 N.W.2d 55, 57 (Iowa 1997). An injury "arises out of" the employment provided there is a causal connection between the employment and the injury. Id. The injury arises "in the course of" the employment when the injury and the employment coincide as to time, place, and circumstances. Id. Thus, the claimant must satisfy a two-prong test: the "arises out of" and the "arises in the course of" prongs. Bailey v. Batchelder, 576 N.W.2d 334, 338 (Iowa 1998).
An injury arises in the course of the employment when it is within the period of employment, at a place where the employee reasonably may be in performing his duties, and while he is fulfilling those duties or engaged in doing something incidental
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