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Meyer v. IBP7/13/2005
b of popping tongues at the IBP facility. Doctors Gorsche and Knu son, both of whom are orthopedic surgeons and both of whom actually treated claimant, have expressed their belief that the two days claimant performed work as an IBP employee prior to December 22, 2000 would not, of itself, have produced his left upper extremity hand and elbow conditions. Claimant's evaluating physician expresses no opinion as regards to that question. Likewise, no physician addresses the issue of whether claimant's work incident of December 22, 2000 could, of itself, have either caused or materially aggravated claimant's carpal and cubital tunnel syndromes. Hence, the record as it exists is insufficient to support a factual finding that claimant's ulnar and median nerve neuropathies arose out of his limited tenure as an actual IBP employee.
Meyer appealed the decision to the commissioner. The commissioner affirmed and adopted the decision of the deputy as the final agency action.
Meyer petitioned for judicial review in March 2004. After a hearing on the matter, the district court reversed and remanded to the agency on November 3, 2004. The district court determined there was not substantial evidence in the record to support the conclusion of the agency and that the agency committed errors of law.
The district court asserted that the record clearly established Meyer's injury manifested itself on December 22, 2000, while he was working as an employee of IBP. The district court cited the established facts that (1) Meyer had only experienced minor pain before becoming a permanent employee and that after consulting with the IBP health center he returned to work without substantive medical treatment, (2) Meyer underwent a physical examination before becoming a permanent IBP employee and only minor deficiencies were noted, (3) Meyer experienced a sharp, shooting pain during his shift after which he sought treatment at IBP's health center, (4) after the sudden pain, Meyer missed work due to injury for the first time, (5) after the sudden pain, Meyer was assigned to light duty work for the first time, (6) after the sudden pain Meyer was referred to numerous health care providers for the first time, and (7) after the sudden pain, Meyer underwent surgeries to alleviate his symptoms.
The district court determined the commissioner committed legal error in concluding that the medical evidence presented was insufficient to show the injury arose out of or was materially aggravated by Meyer's work at IBP. The district court noted that all evidence in the record indicated Meyer's injury was suffered while working for IBP on December 22, 2000. Additionally, there was no evidence in the record that Meyer suffered from carpal and cubital tunnel syndromes before December 22, 2000. The district court concluded that the only rational explanation as to why Meyer suffered from carpal and cubital tunnel syndromes after December 22, 2000 was his work as an employee of IBP.
IBP appeals the ruling of the district court, arguing there was substantial evidence to support the agency decision.
II. SCOPE OF REVIEW
Our scope of review is governed by the judicial review provisions of Iowa Code chapter 17A (2003). 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. "If we conclude the agency has committed a legal error, it is our obligation to correct it." Van Meter Indus. v. Mason City Human Rights Com'n, 675 N.W.2d 503, 506 (Iowa 2004).
Iowa Code section 17A.19(10) provides specificity as to the principles of law applicable to judicial review. Locate.Plus.Com.
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