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Spencer Truck Line8/17/2005
Spencer Truck Line, Inc. and Great West Casualty appeal the decision of the district court affirming the Iowa Workers' Compensation Commissioner's ruling in favor of Mark Krukow. AFFIRMED.
Heard by Vogel, P.J., and Miller and Hecht, JJ.
Spencer Truck Line, Inc. and its insurance carrier Great West Casualty (collectively referred to as Spencer) appeal the decision of the district court affirming the decision of the Workers' Compensation Commissioner (agency). The agency's final decision awarded Mark Krukow healing period benefits, permanent partial disability benefits, and medical costs arising from an injury he sustained while in Spencer's employ. On appeal, Spencer argues the agency erred in finding: 1) Krukow's anxiety symptoms are causally related to the injury; 2) Krukow proved he had an industrial disability; and 3) that Krukow proved he was entitled to additional healing period benefits. Because substantial evidence supports the agency's decision, we affirm.
I. Background Facts and Proceedings
Mark Krukow worked full-time for Spencer as a truck driver, primarily hauling cattle. On February 17, 1999, Krukow was injured when a steer he was loading kicked a gate, propelling the gate towards Krukow's head. As a result, Krukow sustained a laceration approximately ten centimeters in length near his hairline. Krukow was taken to the emergency room, his cut was treated by Dr. John E. Hilsabeck, and he was released. Following his return home, Krukow experienced pain and discomfort stemming from the severe swelling around his eyes which culminated in Krukow being unable to open his eyes for a couple of days. Krukow remained off work from February 17 until February 22.
In early March Krukow saw Dr. Hilsabeck because he was experiencing daily headaches and was concerned about a perceived change in his affect. Specifically, Krukow felt he was always "wound up" as if he had extra adrenaline and that he was easily agitated and angered, running contrary to his nature prior to his injury. These problems persisted and in January of 2000 Krukow was referred to a neurologist, Dr. Jerome W. Freeman.
Dr. Freeman's medical notes reveal that Krukow complained to him of daily headaches, short term memory loss, confusion, and mood swings which were sometimes violent. He further noted that Krukow's wife felt that his personality had changed significantly since the injury. Dr. Freeman's ultimate assessment states, "I suspect that he sustained a cerebral concussion. His headaches, memory loss, irritability, and decreased memory are all consistent with that diagnosis. . . . I do think some pharmacologic treatment may be warranted in him."
Dr. Freeman also noted Krukow's need for further evaluation. In February of 2000, he referred Krukow to Dr. William P. Ferguson for a neuropsychological assessment. Dr. Ferguson indicated that Krukow was suffering from post-concussion syndrome and recommended he be placed on the anti-depressant Zoloft. Krukow again saw Dr. Ferguson in September of 2000 for a follow-up evaluation, after which Dr. Ferguson noted:
[Krukow] has not done well since I last saw him. He appears increasingly frustrated and discouraged with himself and others, and more and more depressed. I think psychiatric evaluation is warranted.
Krukow was then referred to Dr. James Flevares, a psychiatrist. Dr. Flevares's notes from Krukow's first visit in October of 2000 indicate that Krukow had experienced increasing problems with anxiety and anger since his February 1999 work accident with the most significant problems being anxiety related. Dr. Flevares ultimately diagnosed Krukow with an organic anxiety disorder.
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