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Mid-Seven Transportation Co. v. Coffey10/26/2005
fered 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 rate of benefit. On cross-appeal Coffey claims the agency erred by not finding that he was permanently and totally disabled.
II. SCOPE OF REVIEW
Our scope of review is governed by the judicial review provisions of Iowa Code chapter 17A.19(10) (2001). Wal-Mart Stores, Inc. v. Caselman, 657 N.W.2d 493, 498 (Iowa 2003). Our review under Iowa Code chapter 17A is for correction of errors at law, not de novo. Id.
Section 17A.19(10) "reaffirms the notion that courts must not 'simply rubber stamp the agency fact finding without engaging in a fairly intensive review of the record to ensure that the fact finding is itself reasonable.'" Caselman, 657 N.W.2d at 499 (quoting Arthur E. Bonfield, Amendments to Iowa Administrative Procedure Act at 68 (1998)). An agency's fact findings are binding on us if supported by substantial evidence in the record before the court when that record is viewed as a whole. Iowa Code § 17A.19(10)(f). Substantial evidence is "the quantity and quality of evidence that would be deemed sufficient by a neutral, detached, and reasonable person, to establish the fact at issue when the consequences resulting from the establishment of that fact are understood to be serious and of great importance." Iowa Code § 17A.19(10)(f)(1); Univ. of Iowa Hosps. and Clinics v. Waters, 674 N.W.2d 92, 95 (Iowa 2004).
III. ANALYSIS
Diagnosis of Post-Polio Syndrome. Mid-Seven claims Coffey did not provide substantial evidence that he suffered from post-polio syndrome. We disagree. There is substantial evidence in the record to support the agency decision.
Dr. Lauro Halstead, who was described by the deputy commissioner as having impeccable credentials, as "an international leader in the post-polio field," as an original member of the Post Polio Task Force, and as someone who has written significant materials about post-polio syndrome, concluded Coffey had post-polio syndrome. Dr. Halstead examined Coffey and reviewed his medical records. In his deposition testimony, Dr Halstead was asked what diagnosis he arrived at after examining Coffey. Dr. Halstead responded, "He was diagnosed with post-polio syndrome." More particularly, we note that Dr. Halstead testified in his deposition that he found that Coffey suffered from the primary symptoms of post-polio syndrome. Those symptoms included decreased muscle strength, whole-body fatigue, and muscle pain.
Dr. Gwendolyn Ford, a neurologist with a subspecialty in neuromuscular disease who examined Coffey when she worked at the University of Iowa Hospitals and Clinics, also reached the conclusion Coffey suffered from post-polio syndrome. In deposition testimony, Dr. Ford stated it was her opinion to a reasonable degree of medical certainty that Coffey suffered from post-polio syndrome. Additionally, Dr. Ford noted in her reports that Coffey complained of a "slow progression of weakness," severe pain in his legs and back, and whole-body fatigue, which were identified as the primary symptoms of post-polio syndrome.
In addition, Coffey's family physician, Dr. Laurence Rasmussen, asserted in deposition testimony that he believed Coffey suffered from post-polio syndrome.
We conclude there is substantial evidence in the record to support the agency finding that Coffey suffered from post-polio syndrome.
Work Injury as the Cause of Coffey's Post-Polio Syndrome. Mid-Seven claims Coffey did not produce substantial evidence that his post-polio
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