Anderson v. Second Injury Fund

262 N.W.2d 789
CourtSupreme Court of Iowa
DecidedMarch 15, 1978
Docket60348
StatusPublished
Cited by14 cases

This text of 262 N.W.2d 789 (Anderson v. Second Injury Fund) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Second Injury Fund, 262 N.W.2d 789 (iowa 1978).

Opinion

HARRIS, Justice.

This action was brought under Iowa’s second injury compensation act. Sections 85.63 through 85.69, The Code. Plaintiff’s appeal from an adverse ruling is controlled by an interpretation of language in § 85.64, The Code. We affirm the trial court.

Dale B. Anderson (claimant) was involved in a cornpicker accident in 1963. This injury was not compensable under worker’s compensation. § 85.1(3), The Code. As a result of the cornpicker accident claimant suffered loss of a part of his right hand, including the index finger, part of the thumb, and various other injuries to the right hand.

Claimant was again injured in 1973, this time in connection with his employment by a feed mill. The 1973 injury was covered by worker’s compensation. As a result of the 1973 injury claimant suffered loss of a part of his right arm, the same arm to which the injured hand had been attached. The industrial commissioner indicated claimant had been paid by his employer for this injury on the basis of 73 percent loss of the right arm.

In addition to the 1963 injury to claimant’s right hand in the cornpicker accident, and the later injury in 1973 in the feed mill, claimant had two separate injuries to his spine. The two injuries to claimant’s spine need not be described because claimant states they are material to a determination of this appeal only in the event claimant is entitled to recovery under the second injury fund. As will appear we believe claimant is not so entitled.

I. Section 85.64, The Code, provides in part as follows:

“If an employee who has previously lost, or lost the use of, one hand, one arm, one foot, one leg, or one eye, becomes permanently disabled by a compensable injury which has resulted in the loss of or loss of use of another such member or organ, the employer shall be liable only for the degree of disability which would have resulted from the latter injury if there had been no pre-existing disability. In addition to such compensation, and after the expiration of the full period provided by law for the payments thereof by the employer, the employee shall be paid out of the ‘Second Injury Fund’ created by this division the remainder of such compensation as would be payable for the degree of permanent disability involved after first deducting from such remainder the compensable value of the previously lost member or organ.” (Emphasis added.)

The fact claimant’s injury was less than total does not bar his right of recovery from the second injury fund. Irish v. McCreary Saw Mill, 175 N.W.2d 364 (Iowa 1970). Our question is whether the language emphasized above in § 85.64 provides for recovery from the second injury fund under the facts presented. Claimant focuses on the language “ * * * the loss of or loss of use of another such member or organ * * * He believes the 1973 com-pensable injury was a loss of use of another member or organ, distinct and separate from the loss occurring in 1963.

The familiar principles which guide us in statutory construction were summarized in Doe v. Ray, 251 N.W.2d 496, 500-501 (Iowa 1977):

“ * * * Of course, the polestar is legislative intent. (Authorities). Our goal is to ascertain that intent and, if possible, give it effect. (Authorities). Thus, intent is shown by construing the statute as a whole.
*791 In searching for legislative intent we consider the objects sought to be accomplished and the evils and mischiefs sought to be remedied in reaching a reasonable or liberal construction which will best effect its purpose rather than one which will defeat it. (Authorities). However, we must avoid legislating in our own right and placing upon statutory language a strained, impractical or absurd construction. (Authority).
“Finally, we note that in construing a statute we must be mindful of the state of the law when it was enacted and seek to harmonize it, if possible, with other statutes relating to the same subject. (Authority).”

The background and purpose of second injury funds were well explained in Kacena, Workmen’s Compensation in Tennessee: The Second Injury Fund, 6 Memphis State U.L.Rev. 715, 716-719 (1976):

“II. The Concept of the Second Injury Fund. The milieu in which the second or subsequent injury fund statute operates is the situation of an individual within the labor force, whether or not he is at the moment an ‘employee’ within the meaning of the Workmen’s Compensation Act, who is suffering from some condition of permanent disability that affects his employability. The source of this pre-existing disability is normally of no importance but it must be permanent and must tend to act as a hindrance to the individual’s ability to obtain or retain effective employment. Such individuals are what society commonly refers to as ‘the handicapped,’ and the primary purpose of second injury fund statutes is to encourage the hiring of the handicapped.
“Upon the enactment of workmen’s compensation statutes in most states during the third and fourth decades of this century, it quickly became apparent to most employers that it could be much more expensive to employ partially disabled or handicapped workers in their businesses than it would be to employ healthy, unimpaired individuals. The reason was that most state workmen’s compensation statutes, then as now, provided for specific, scheduled benefits to be paid to employees who incur permanent disabilities on the job consisting of a certain percentage of their previous average weekly wages for a certain number of weeks. The number of weeks the benefits can be received depends on the severity of the disability; * * * . On the other hand, when a worker suffers an injury that renders him permanently and totally disabled, the scheduled benefit period is much longer than for partial disabilities. Therefore, if an employer hires a worker who is perfectly healthy and subsequently that worker loses his eye while on the job, the employer’s liability would be limited to the scheduled amount for loss of an eye. But if an employer hires a worker who is already blind in one eye, or has already lost an arm or a leg, and that worker subsequently loses his other eye, arm, or leg while on the job, the employer’s compensation liability would be much greater than just the scheduled benefit for loss of that member. The combined effect of the two losses would very likely be total disability, and the employer would, under the earliest workmen’s compensation statutes, ordinarily be liable for the entire total disability compensation. This principle is known as the ‘full responsibility rule,’ and unless a state’s workmen’s compensation statute has a provision apportioning disability between distinct injuries, the employer’s liability does indeed extend to whatever disability the employee has after his single work related injury, regardless of other pre-existing, contributory factors.
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“Against the background of * ⅜ * early principles of subsequent injury law, the ‘full responsibility rule’ and the ‘apportionment statutes’, the second injury fund statutes were enacted in most state workmen’s compensation laws.

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262 N.W.2d 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-second-injury-fund-iowa-1978.