Cedar Rapids Community School District and EMC Insurance Companies v. Christine Pease

807 N.W.2d 839, 2011 Iowa Sup. LEXIS 103
CourtSupreme Court of Iowa
DecidedDecember 16, 2011
Docket09–0724
StatusPublished
Cited by120 cases

This text of 807 N.W.2d 839 (Cedar Rapids Community School District and EMC Insurance Companies v. Christine Pease) 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
Cedar Rapids Community School District and EMC Insurance Companies v. Christine Pease, 807 N.W.2d 839, 2011 Iowa Sup. LEXIS 103 (iowa 2011).

Opinion

APPEL, Justice.

In this workers’ compensation case, we consider whether the court of appeals properly applied the “substantial evidence” test under Iowa Code section 17A.19(10)(f) (2009) when it reversed an award of benefits in an appeal of a decision of the workers’ compensation commission. Based on our review of the record, we conclude substantial evidence supports the commissioner’s findings. As a result, we vacate the decision of the court of appeals and affirm the judgment of the district court.

I. Factual and Procedural Background.

Christine Pease injured her right ankle when she slipped on ice and fell in the course of her employment with the Cedar Rapids Community School District (District) as a “job coach.” The position of job coach involved working with disabled children, transporting them to various locations in the community in the school van.

Pease filed a claim with the workers’ compensation commission seeking benefits as a result of her alleged injuries. While the parties stipulated that Pease suffered a right ankle injury as a result of the slip and fall and that the injury arose within the scope of employment, the District disputed “the nature, scope and effect of the injury.”

Pease’s ankle injury required her to undergo two surgeries related to the placement and removal of a screw. In addition, Pease claimed that her fall caused her to have an altered gait, which in turn caused her to sustain an injury to her left ankle and back. Pease further maintained that her injuries increased her preexisting state of depression.

At the hearing, Pease offered evidence in support of her claim that her right ankle injury caused a change in gait which subsequently caused injuries to her left ankle and back. With respect to her right ankle, Pease offered the testimony of a physician that she suffered “a rather significant liga-mentous injury to her right ankle involving both the deltoid and syndesmotie ligament.” She then reported to another physician that she began experiencing low back pain due to her altered gait. Although Pease sought treatment for lower back pain before, her physician noted that her back pain had become more difficult to control after her fall. In addition, Pease reported that she began to experience pain in her left ankle due to her altered gait. Pease, however, had a history of problems with her left ankle, which included a *843 chronic tear of ligaments and two arthroscopic surgeries prior to her slip and fall involved in this case.

According to Pease, after she had reached maximum medical improvement she was asked to undergo a functional capacity evaluation. The results of the functional capacity evaluation indicated that Pease could stand or walk no more than fifty percent of her work shift and for limited durations; could lift twenty pounds rarely, fifteen pounds occasionally, and seven to eight pounds frequently; could tolerate a maximum of ten to twelve stairs up and down once a day using handrails for support; and should avoid ladder or step climbing greater than an eight inch height. Her physician characterized these work restrictions as “permanent.”

More than four months later, the District terminated Pease’s employment. The District stated that Pease had been unable to return to work since her injury and, in light of the permanent restrictions, she was unable to perform the essential functions of the position of job coach or any other job with the District in her pay range.

After her termination from employment, Pease became increasingly depressed and sought medical help for this condition. Pease had a history of depression prior to her work injury, but testified her depression became much worse following the injury. She testified that her constant pain, inability to walk, loss of her job, and her increased stress levels all contributed to her depression and that the depression interfered with her concentration, her sleep, and her social life.

Pease offered expert medical testimony in support of her claim that she suffered deeper depression as a result of her work injury. Dr. William Stutts, a psychiatrist, concluded that Pease’s work injury was a “substantial contributing factor[ ] in bringing about her current level of depression.” Dr. Stutts asserted it was more likely than not that the chronic pain resulting from her injuries was permanent and that the pain would continue to contribute to Pease’s depression. Another physician, Dr. John Brownell, characterized Pease as suffering from a “pretty clear case of post-surgical depression” and further stated that the depression was a result of both the stress of the surgery and her decreased mobility.

Pease offered the opinion of Barbara Laughlin, a vocational expert, in support of her claim that she was no longer employable. Laughlin asserted that Pease suffered a ninety to one hundred percent loss of access to the labor market as a result of her injuries. Laughlin stated that Pease would have great difficulty finding and maintaining employment in light of her inability to interact appropriately with peers, the general public, and supervisors.

The District countered by offering evidence that tended to characterize Pease’s injuries as less substantial. After performing an independent medical examination, Dr. Ray Miller opined that Pease had an eight percent of the whole person impairment due to the right ankle injury and the subsequent sequelae to the back and left ankle.

With respect to the claim of depression, the District offered evidence from Dr. Raymond Crowe indicating that Pease’s depressive episode was not causally connected to the injury. Dr. Crowe later asserted that Pease was malingering.

The District offered a vocational report prepared by Dr. Elizabeth Mease and Dr. Janeen Montgomery. They opined that Pease was employable at the sedentary physical level and was not psychiatrically foreclosed from employment.

*844 The deputy commissioner ruled in favor of Pease. The deputy concluded that Pease suffered “an injury to the body as a whole.” Additionally, the deputy found that Pease’s work injury was a “substantial contributory factor in [Pease’s] current state of depression.” Further, the deputy held that as a result of her physical and psychological injuries, Pease was “unable to return to any job she ha[d] previously held.” As a result, the deputy awarded Pease permanent total disability, accrued benefits, and reimbursement for medical expenses.

The commissioner affirmed the decision of the deputy, but modified and expanded on the deputy’s ruling. The commissioner noted that the deputy had erroneously stated that Dr. Miller had assigned an eight percent permanent disability rating to the injuries to the right ankle, neck, lower back, and left ankle when, in fact, Dr. Miller assigned the disability rating based only on the injuries to Pease’s lower back and left ankle. The commissioner concluded that this error had no impact on the case.

The commissioner further considered whether the deputy erred in failing to apportion Pease’s alleged preexisting disability. The commissioner noted that this issue was not raised before the deputy and was not preserved for appeal.

The district court affirmed in part and reversed in part.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shrum v. Boldt Group, Inc.
Court of Appeals of Iowa, 2023
Regional Care Hospital v. Marrs
Court of Appeals of Iowa, 2023
Naima Cerwick v. Tyson Fresh Meats, Inc.
Court of Appeals of Iowa, 2019

Cite This Page — Counsel Stack

Bluebook (online)
807 N.W.2d 839, 2011 Iowa Sup. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cedar-rapids-community-school-district-and-emc-insurance-companies-v-iowa-2011.