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Mid-Seven Transportation Co. v. Coffey10/26/2005
Mid-Seven Transportation Company and Charles Coffey appeal after the district court affirmed the agency decision that Coffey was entitled to workers' compensation benefits. AFFIRMED.
Heard by Sackett, C.J., and Vaitheswaran and Eisenhauer, JJ.
Both Charles Coffey and Mid-Seven Transportation Company (Mid-Seven) sought judicial review of the agency decision that Coffey was entitled to workers' compensation benefits at the rate of $472.18 based on a seventy-five percent impairment rating. The district court affirmed the agency. On appeal to our court Mid-Seven argues (1) the agency erred in finding Coffey suffered from post-polio syndrome, (2) if Coffey does in fact suffer from post-polio syndrome, the agency erred in finding a causal connection to the work injury, and (3) the agency erred in its calculation of Coffey's weekly benefit rate by excluding certain weeks as "short" weeks. On cross-appeal Coffey claims the agency erred by not finding that Coffey was permanently and totally disabled pursuant to the "odd lot" doctrine. We affirm.
I. BACKGROUND FACTS AND PROCEEDINGS
Charles Coffey was employed as a driver for Mid-Seven when he sustained a work injury that arose out of and in the course of his employment on February 8, 1994. There is no dispute that on February 8, 1994 Coffey's left leg was run over by an eighteen-wheel tractor-trailer. Coffey sustained multiple injuries from the accident. Coffey received substantial treatment over an extended period of time for his injury, including several surgeries and physical therapy.
Coffey filed a petition on January 29, 1998 for workers' compensation benefits. He claimed injury to his back, leg, and head. Coffey also claimed the accident caused post-polio syndrome. Coffey claimed he was permanently disabled by the work injury.
When Coffey was a child he was infected with polio. The polio virus caused injury to Coffey's right foot and leg. From 1955 until the present, Coffey has worn a brace on his right foot.
During Coffey's rehabilitation from the work injury he was diagnosed with post-polio syndrome. Medical opinions in the record indicate Coffey's post-polio syndrome was caused by the February 8, 1994 work accident. The symptoms of post-polio syndrome reported by Coffey include: whole body fatigue; muscle weakness; pain and cramping in both of his legs, his pelvis, and his lower back; and difficulty breathing and swallowing. Citing the extensive medical evidence presented by Coffey, the agency found Coffey's post-polio syndrome was causally related to his work injury. Additionally, the agency found the post-polio syndrome impaired Coffey's entire body, not just his extremities.
The deputy workers' compensation commissioner believed Coffey was motivated to rehabilitate himself and return work; however, he was unable to return to work on a regular, full-time basis due to the lingering effects of the work injury. The agency determined Coffey was entitled to workers' compensation benefits. Coffey was awarded temporary total disability benefits from the date of injury through August 15, 1994, the date on which it was determined that Coffey had reached maximum medical improvement. Coffey was further awarded permanent partial disability benefits based upon a seventy-five percent impairment rating. Based on the determination that Coffey's gross weekly wage prior to the injury was $769.19, Coffey was awarded a weekly benefit of $472.18 for a period of 375 weeks.
Both Coffey and Mid-Seven sought judicial review of the agency decision. The district court affirmed the agency. On appeal to our court Mid-Seven argues (1) the agency erred in finding Coffey suf
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