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Steele v. Larson Manufacturing Co.8/31/2005
Jeffrey Steele appeals from an adverse judgment in this action for judicial review of decision of the Industrial Commissioner. AFFIRMED.
Heard by Sackett, C.J., and Huitink and Vaitheswaran, JJ.
Jeffrey Alan Steele worked for Larson Manufacturing Company, assembling doors. Steele sustained two on-the-job injuries: a hernia and a knee injury. He sought workers' compensation and penalty benefits for both. A deputy commissioner denied Steele's request for permanent partial disability benefits. The deputy awarded penalty benefits in the amount of $400.68 and assessed costs to Larson. That decision was affirmed in an intra-agency appeal to the Workers' Compensation Commissioner.
Steele sought judicial review. The district court affirmed the agency in all respects. On further judicial review, Steele asserts the Workers' Compensation Commissioner erred (1) in not awarding permanent partial disability benefits for the hernia, (2) in not awarding permanent partial disability benefits for the knee injury, (3) in his award of penalty benefits, and (4) in his taxation of intra-agency costs. We affirm.
I. The Hernia
Steele had an operation for his hernia and was released to full duty in May 1996. He returned to his same job with mandatory overtime.
Steele contends the deputy commissioner "misapplied the law and erroneously disregarded the uncontroverted facts of permanent disability" in denying permanent partial disability benefits for this injury. Specifically, he argues the deputy ignored the precept that lay evidence may be considered in establishing the extent of his "functional disability." See Miller v. Lauridsen Foods, Inc., 525 N.W.2d 417, 421 (Iowa 1994).
Steele is essentially asking us to apply the judicial review standard set forth in Iowa Code section 17A.19(10)(m) (2001). That provision authorizes us to grant relief if the agency decision is "based upon an irrational, illogical, or wholly unjustifiable application of law to fact that has clearly been vested by a provision of law in the discretion of the agency." See also Iowa Code § 86.8(1); Mycogen Seeds v. Sands, 686 N.W.2d 457, 465 (Iowa 2004).
"Functional disability" is the impairment of body function. Mortimer v. Fruehauf Corp., 502 N.W.2d 12, 14 (Iowa 1993). "Industrial disability" is "the loss to the employee's earning capacity of the body or body part." Id. " specific scheduled disability is determined by the functional method; an unscheduled disability is determined by the industrial method." Id. at 15; see also Iowa Code § 85.34(2). The parties agree that the hernia injury required a determination of industrial disability. Functional disability is a component of industrial disability, but other factors such as the claimant's age, education and work history are also considered to determine "the extent to which the injury impairs the worker's ability to earn wages." Id.
Focusing primarily on "functional disability," Steele and his lay witnesses testified to his inability to engage in strenuous activity and weightlifting after the hernia. They quantified his level of impairment from the hernia injury at between ten and forty percent.
The deputy commissioner did not ignore this evidence of functional disability. He cited Steele's testimony concerning his loss of function as a result of the hernia and cited to the testimony of his mother, brother, sister and wife on the same subject. The deputy elected to place greater weight on the records of a treating physician and an independent medical evaluator who both gave a zero-percent rating for this impairment. The deputy commissioner acted well within his authority in finding t
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