Frit Industries v. Langenwalter

443 N.W.2d 88, 1989 Iowa App. LEXIS 99, 1989 WL 72783
CourtCourt of Appeals of Iowa
DecidedApril 25, 1989
Docket88-340
StatusPublished
Cited by5 cases

This text of 443 N.W.2d 88 (Frit Industries v. Langenwalter) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frit Industries v. Langenwalter, 443 N.W.2d 88, 1989 Iowa App. LEXIS 99, 1989 WL 72783 (iowactapp 1989).

Opinion

OXBERGER, Chief Judge.

Petitioners-appellants Frit Industries and South Carolina Insurance Co. (Frit) appeal the district court decision affirming the Industrial Commissioner’s finding respondent-appellee Virgil Langenwalter has been twenty-five percent industrially disabled due to lead poisoning he experienced while *89 working at Frit Industries. We find substantial evidence supports this conclusion and affirm the district court’s decision. Mr. Langenwalter’s cross-appeal seeking a finding he had 100 percent industrial disability is denied.

The Industrial Commissioner made the following findings of fact essentially adopted by the district court.

Virgil worked primarily as a maintenance leadman for Frit Industries from August 23, 1974, until discharged April 29, 1982. He was forty years old at the time of the deputy commissioner’s hearing in May 1985. Although functionally illiterate, Virgil has also worked as an auto mechanic, assembly line worker, roofer, painter and die maker.

In early 1982 Virgil began suffering from migraine headaches, muscle fatigue, memory loss, irritability and decreased sexual drive. In March he had tests taken to check the lead content of his blood. Two tests indicated his blood lead level count to be 72 ug/dl and 71 ug/dl, as compared to the adult normal range of zero to 30 ug/dl (micrograms per deciliter). Frit moved Virgil to what was considered a safer work area in terms of lead exposure. On April 13, tests showed his lead level to be 63 ug/dl. On April 29, 1982, Frit dismissed Virgil for insubordination. He and his family relocated in Fort Madison, Iowa where his wife got a job as a motel manager.

After an arbitration hearing was held pursuant to union contract terms, Virgil was reinstated as maintenance leadman with Frit on November 15, 1982. The arbitrator found Virgil was wrongfully discharged for refusing to work in an environment that was not lead-free and awarded him full back pay.

He began work with a blood lead level of 27 ug/dl in what Frit considered a relatively lead-free environment. Virgil took sick leave on November 23, 1982. On December 2, his blood lead level was tested as 29.5 ug/dl. Virgil’s doctor advised him to remain off work for two weeks until results from further tests could be obtained. Frit requested, and Virgil agreed to be tested by an Iowa City doctor and a doctor in Fort Dodge. For reasons not clear in the record, results of these tests were not reported by December 20 as hoped.

Virgil received a letter from Frit on December 22, stating if he failed to come to work on December 28, he would be terminated from employment. Virgil did not report to work, having not received further test results, and was dismissed. On January 3,1983, Virgil’s blood lead level was 29 ug/dl.

Virgil has not been employed since his December 28, 1982 dismissal. On February 15,1984, a toxicology expert suggested by Frit tested Virgil’s blood lead level at 27 ug/dl and said he found no current signs of lead intoxication or permanent disablement from past lead exposure. The symptoms Virgil experienced in early 1982 persisted to a lesser degree to the time of the May 1985 hearing. The record reveals Virgil is a recovering alcoholic who has abstained from drinking since early 1982. He also suffers from high blood pressure and adult onset diabetes. These illnesses, along with his past history of lead exposure, have prevented Virgil from obtaining health insurance.

On appeal, Frit alleges several errors but essentially contends the district court erred in concluding there was substantial evidence to support the commissioner’s conclusion (1) Virgil contracted an occupational disease due to his exposure to lead while working at Frit Industries, (2) Virgil has been twenty-five percent industrially disabled.

The principles applicable to our judicial review were recently summarized as follows:

A review of the industrial commissioner’s decision is governed by Iowa Code section 17A.19_ The scope of review is not de novo.... The commissioner’s findings have the effect of a jury verdict. ... Those findings are applied broadly and liberally to uphold rather than defeat the commissioner’s decision; they are binding on appeal unless a contrary result is demanded as a matter of *90 law.... The above rules are applicable in the district court review. We review the district court’s appeal decision for errors of law. In this pursuit we reapply the section 17A.19(8) standards to the agency action to determine whether our conclusions are the same as those of the district court.
The question on judicial review is not whether the evidence might support a different finding but whether evidence supports findings the commissioner actually made. The substantial evidence test is applied to the entire record; evidence is substantial if a reasonable mind would accept it as adequate to reach a conclusion.

Armstrong v. State of Iowa Bldgs., 382 N.W.2d 161, 165-66 (Iowa 1986) (citations omitted).

I.

Both parties agree that mere lead exposure does not qualify as an occupational disease while lead intoxication or poisoning does. See Iowa Code section 85A.9 (1973) (schedule of compensable occupational diseases including lead poisoning); McSpadden v. Big Ben Coal Co., 288 N.W.2d 181, 190 (Iowa 1980) (legislature removed restrictions in section 85A.8 and eliminated section 85A.9 schedule not to narrow the definition of occupational diseases but broaden it).

Iowa Code section 85A.8 (1987) states:

Occupational diseases shall be only those diseases which arise out of and in the course of the employee’s employment. Such diseases shall have a direct causal connection with the employment and must have followed as a natural incident thereto from injurious exposure occasioned by the nature of the employment. Such disease must be incidental to the character of the business, occupation or process in which the employee was employed and not independent of the employment. Such disease need not have been foreseen or expected but after its contraction it must appear to have had its origin in a risk connected with the employment and to have resulted from that source as an incident and rational consequence. A disease which follows from a hazard to which an employee has or would have been equally exposed outside of said occupation is not compensa-ble as an occupational disease.

To prove the causation element described in this section claimant must show by a preponderance of the evidence (1) the disease is causally related to the exposure to harmful conditions of the field of employment, and (2) the harmful conditions must be more prevalent in the employment concerned than in everyday life or in other occupations. McSpadden, 288 N.W.2d at 190.

Frit argues Virgil did not sufficiently prove the causation element as the record reveals Virgil had other illnesses which could have caused the same symptoms and there was a lack of medical expert testimony necessary to prove causation.

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Bluebook (online)
443 N.W.2d 88, 1989 Iowa App. LEXIS 99, 1989 WL 72783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frit-industries-v-langenwalter-iowactapp-1989.