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Holland v. Sheaffer Pen Corp.11/23/2005
Larry Holland appeals the district court's ruling affirming the workers' compensation commissioner's decision denying him workers' compensation benefits. REVERSED AND REMANDED WITH DIRECTIONS.
Heard by Mahan, P.J., Hecht, J., and Schechtman, S.J.
Larry Holland appeals the district court's ruling affirming the workers' compensation commissioner's decision denying him workers' compensation benefits. Holland argues the agency both lacked substantial evidence and abused its discretion when it found (1) he was not injured at work; (2) he had back pain prior to his work-related injury; (3) his testimony was not credible; and (4) he was not permanently and totally disabled by his work-related injury. Further, Holland argues that the district court erred when it failed to remand his case for a rehearing.
I. Background Facts and Proceedings
Larry Holland started working at Sheaffer Pen Corporation on April 15, 1968. He worked thirty-three years without filing a claim. Holland was moving filing cabinets from one floor to another on July 30, 2001, as part of his job as a maintenance helper. During one trip, the elevator Holland was using failed to stop plumb with the floor. The resulting gap between the building floor and the elevator floor was three to six inches. According to Holland, he tried to push or pull the two-handled cart containing the file cabinet onto the building floor. Holland argues he "felt a little strain or soreness in my hip--in my back part of my hip." Holland notified his supervisor that he needed help getting the cart off the elevator, then went on break. When he returned, the cart was off the elevator.
On August 1, 2001, Holland spoke to the nurse at Sheaffer about obtaining medical leave. Her notes from that day read:
Called in for leave papers--states he started having a lower back ache Tues. A.M. Has had this problem before. Might have been from moving files Mon., but not blaming that. Saw his Dr. this morning--will take 3 day medical leave.
Holland sought treatment from Dr. Robert Pogue on August 1, 2001. Dr. Pogue's note from that visit reads: "This gentleman developed low back pain since Monday [July 30, 2001]. He does do some lifting at work & doesn't know if this caused it, but certainly aggravated the pain this wk." Holland saw Dr. Pogue again on August 8, 2001. Dr. Pogue's dictated note from that visit reads: "This [patient] is a frequent visitor and has persistent low back pain." Dr. Pogue referred Holland to Dr. Michael Hendricks.
On August 10, 2001, Holland went to the emergency room for his back pain. An x-ray taken at that time indicated only minimal degenerative change. No acute changes were noted.
On September 13, Holland saw Dr. Hendricks. Dr. Hendricks noted that Holland was moving a heavy file cabinet at work on July 30, 2001. Holland continued to see Dr. Hendricks for back pain. In a letter to Holland's attorney on February 20, 2003, Hendricks concluded that Holland had sustained a work-related injury. His opinion was based on Holland's claim that he had not experienced back pain prior to moving the file cabinet. Otherwise, he noted that most of the changes in Holland's back were "indicative of a long-standing degenerative process." Only one change was found to be acute. Hendricks assigned Holland a five-percent impairment to the body and recommended a five to ten pound lifting restriction. He suggested that a work-hardening program might increase Holland to a medium duty level of work.
At Holland's workers' compensation hearing, other Sheaffer employees testified that Holland frequently complained of hip pain prior to July 30, 2001. None had
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