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Mid-Seven Transportation Co. v. Coffey10/26/2005
syndrome was caused by the work injury. We disagree. There is substantial evidence in the record to support the agency decision.
Dr. Halstead concluded, in a letter to Coffey's attorney, that " here is a reasonable possibility that Mr. Coffey's diagnosis of Post-Polio Syndrome would be related to the work-related injury on February 8, 1994." Additionally, the following exchange is found in the deposition testimony of Dr. Halstead: "Q. Do you think [Coffey's] polio syndrome was caused by or the result of the February 8, 1994 accident. A. Yes, I do."
Dr. Ford indicated that "the clear onset of the post-polio syndrome began as a result of the motor vehicle accident." In reaching this conclusion, Dr. Ford relied on her review of Coffey's medical records which indicated to her that Coffey had not complained of post-polio syndrome symptoms prior to the work injury and maintained an active life prior to the work injury. Additionally, in her deposition testimony Dr. Ford gave numerous reasons as to why she believed that thyroid problems and vascular problems were not the cause of Coffey's symptoms, as Mid-Seven argues.
Additionally, Dr. Rasmussen asserted that it was his belief to a reasonable degree of medical certainty that Coffey's post-polio syndrome was in some way related to the work injury.
We conclude that there is substantial evidence in the record to support the agency finding that Coffey's post-polio syndrome was caused by the work injury.
Weekly Benefit Rate. The district court concluded Coffey was entitled to benefits at the rate of $472.18 per week. Iowa Code section 85.36 provides that for employees paid on an hourly or daily basis, a thirteen-week average should be used to calculate the rate, using the thirteen weeks immediately preceding the injury. The Code also provides that " week which does not fairly reflect the employee's customary earnings shall be replaced by the closest previous week with earnings that fairly represent the employee's customary earnings." Iowa Code ยง 85.36(6). The issue in determining the customary earnings is "whether the hours of work in any particular workweek are representative of the hours typically or customarily worked by an employee during a typical or customary full week of work." Griffin Pipe Prods. Co. v. Guarino, 663 N.W.2d 862, 866 (Iowa 2003). Additionally, we note that " ith respect to the workers' compensation statute in particular, we keep in mind that the primary purpose of chapter 85 is to benefit the worker and so we interpret this law liberally in favor of the employee." Id. at 865 (citing Stone Container Corp. v. Castle, 657 N.W.2d 485, 489 (Iowa 2003)).
The calculation of Coffey's benefit rate excluded three weeks as "short" weeks, which were weeks that the deputy determined did not fairly represent Coffey's customary earnings. A representative for Mid-Seven testified that the weeks where Coffey earned substantially less than $500 were likely weeks that Coffey did not work a full week. Additionally, two weeks that included holidays (Christmas and New Year's Day) were determined to be unrepresentative of Coffey's customary earnings and were excluded.
We conclude there is substantial evidence in the record to support the agency's conclusion that particular workweeks were not representative of the hours typically or customarily worked by an employee during a typical or customary full week of work and we affirm the agency calculation.
Total Permanent Disability. On cross-appeal Coffey argues the agency erred in not finding that he was totally and permanently disabled. Coffey argues that the "odd lot" doctrine should apply to his case because the services that
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