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Barr v. Diamond Scientific9/28/2005
Darwin Barr appeals the denial of his petition for a review-reopening hearing. AFFIRMED.
Heard by Sackett, C.J., and Mahan and Miller, JJ.
Darwin Barr appeals the denial of his petition for a review-reopening hearing. He argues that (1) the legal standard used by the workers' compensation commissioner violated Iowa Code section 86.14 (2003) and (2) the commissioner's decision was contrary to substantial evidence. We affirm.
I. Background Facts & Proceedings
Barr was injured on the job at Diamond Scientific on November 15, 1988, when a thirty-pound bottle of water fell on his head. Barr first sought medical care for the injury on December 30, 1988. He began seeing Dr. Rodney E. Johnson, an orthopedic surgeon, in July 1989. Dr. Johnson diagnosed Barr with cervical scondylosis, a degenerative disease of the spine. In June 1990 Diamond Scientific terminated Barr. Dr. Johnson performed three surgeries on Barr's neck between February 1990 and March 1993. In December 1992, Dr. Johnson noted that Barr's chief complaints were neck pain and occipital headaches. Barr also complained of numbness in his arms and hands.
Barr worked as a delivery truck driver from October 1992 to July 1994. From July 1994 to August 1995, he worked laying floor covering as a helper to a friend. That job ended when Barr's friend became too ill to work. Barr has neither worked nor applied for employment since August 1995.
The deputy commissioner heard Barr's case in February 1996. The original decision held Barr had an eighty-five-percent disability. On appeal in 1997, the award was reduced to sixty-percent disability.
Barr moved to Arizona in 1998. In 1999 he began seeing a doctor for headaches. That doctor recommended conservative care treatment for the headaches. He referred Barr to Dr. Robert Osborne of the Patient Advocacy Foundation for pain management. It is unclear whether Dr. Osborne ever physically examined Barr, but he did prescribe opioids for his pain. Dr. Osborne continued to increase the medication, though evidence shows there was no significant change in Barr's condition. Dr. Osborne diagnosed Barr with degenerative disc disease, posttraumatic headaches, and chronic pain syndrome, all relating back to the 1988 injury. Dr. Osborne does not believe Barr could function at work because he would have to lie down two to four times in an eight-hour day. He would recommend both a ten-pound maximum lifting restriction and no backward extension of the neck.
In 2001 Barr petitioned for reopening. An independent panel of three doctors examined him. They supported Barr's previous diagnosis of degenerative spine disease, found the cause of his headaches were unclear, and found that there was no indication for further opioid medication. They recommended restrictions of (1) no backward neck extension and no work above shoulder level; and (2) no lifting over fifty pounds maximum and twenty-five pounds repetitively. Their findings were based on both independent medical examinations and a surveillance videotape of Barr moving about his home and neighborhood and driving his pick-up truck with no apparent difficulty.
The commissioner concluded, based on (1) Barr's medical history of degenerative spinal disease; (2) the findings of the independent panel; and (3) the video surveillance, that Barr presented no unanticipated change of condition. As a result, the commissioner refused to grant Barr's petition for a review-reopening hearing. The district court affirmed. Barr appeals.
II. Standard of Review
We review agency decisions pursuant to Iowa Code section 17A.19 (2003). We reverse the decision if (1)
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