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Smidt v. Telecommunications12/7/2005
Duane Smidt appeals the district court decision affirming the workers' compensation commissioner's denial of his request for benefits based on an injury to the body as a whole. AFFIRMED.
Considered by Huitink, P.J., and Mahan and Hecht, JJ.
I. Background Facts & Proceedings
Duane Smidt began working for Telecommunications, Inc. (TCI) in 1993. Smidt's job installing cable television in homes required him to work on ladders. In 1995 Smidt was diagnosed with plantar fibromatosis on his left foot, which is a growth or tumor on the bottom of the foot. The growth was removed, but soon returned, and a second surgery was performed. Smidt continued to have pain, and a third surgery was performed in June 1996 to release the medial plantar nerve.
As a result of his continuing foot problems, Smidt was advised that he could not return to working on a ladder. Smidt performed office work at TCI for a few months, but quit in October 1996 for a better paying job performing auto body repair work. Smidt's new employer went out of business in 1997, and Smidt became a stay-at-home dad. Eventually Smidt obtained a part-time job performing auto body work.
Smidt reported to physicians that he continued to have pain in his foot, and a fourth surgery was performed in September 1997. Smidt's pain and hypersensitivity in his left foot remained. He saw several physicians for pain relief, but did not meet with any success.
By 1999 Smidt was also reporting pain in his lower back and hip. Dr. Marc Hines diagnosed him with complex regional pain syndrome. Dr. Kenneth Pollack found no evidence of this syndrome and noted that Smidt's back pain "could very likely be related to abnormal body mechanics from the chronic limping and weight transfer associated with . . . patient's chronic foot pain." Dr. William Boulden also determined that Smidt had mechanical back pain only, which he attributed to an incident in July 1999, when Smidt stepped into a hole at the Mason City race track. Dr. Boulden agreed Smidt did not have complex regional pain syndrome.
In August 2001 Dr. William Koenig concluded that Smidt's back pain was most likely due to piriformis syndrome, which is a painful condition caused by the entrapment of the sciatic nerve by the piriformis muscle in the buttocks. Dr. Koenig believed the piriformis syndrome arose due to Smidt's "persistent antalgic gait." Dr. Pollack treated Smidt for piriformis syndrome and came to the conclusion that Smidt did not suffer from the syndrome.
Smidt filed a petition seeking workers' compensation benefits. He alleged an injury to the body as a whole based on the theory that his foot pain caused his limp, and his limp caused complex regional pain syndrome and piriformis syndrome. At the administrative hearing, TCI produced a videotape of Smidt walking without a limp during May 2002.
The deputy workers' compensation commissioner found there was insufficient evidence Smidt had a gait derangement, or limp. The deputy also found the incident at the race track was an intervening cause for Smidt's back pain. The deputy concluded Smidt "failed to establish that he has sustained a whole body disability as a result of the work injury to his left foot on December 22, 1995." Smidt was entitled to benefits based only on an injury to a scheduled member, his foot. The workers' compensation commissioner adopted the deputy's decision as the final agency action in this case.
Smidt Filed a Petition for Judicial Review
The district court concluded that based on the videotape there was substantial evidence in the record to show that Smidt did not have an injury to the body as a w
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