Hall v. Backman Sheet Metal

470 N.W.2d 52, 1991 Iowa App. LEXIS 25, 1991 WL 79570
CourtCourt of Appeals of Iowa
DecidedApril 2, 1991
DocketNo. 90-1010
StatusPublished

This text of 470 N.W.2d 52 (Hall v. Backman Sheet Metal) 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
Hall v. Backman Sheet Metal, 470 N.W.2d 52, 1991 Iowa App. LEXIS 25, 1991 WL 79570 (iowactapp 1991).

Opinions

SCHLEGEL, Judge.

Claimant Stuart Hall appeals industrial commissioner and district court rulings finding that he failed to show a change of condition necessary to reopen an award for further healing period benefits. The commissioner reversed a deputy industrial commissioner decision finding Hall had proven his change of condition. The sole issue for our review is this: When a claimant reaches a plateau in medical improvement, at which time a final industrial commissioner decision fixes a permanent partial disability rating and determines further medical treatment is necessary and causally related to the original injury, must the claimant, in a subsequent review-reopening proceeding, show further change of condition to recover healing period benefits for a period of “conservative” medical treatment beginning on the date on which further treatment is found necessary and ending when surgery is performed? For several reasons outlined below, we answer the question in the negative and find that the claimant was entitled to healing period benefits. Consequently, we reverse the decisions of the industrial commissioner and the district court, and we remand the claim to the industrial commissioner.

I. Claimant Stuart Hall was employed by Backman Sheet Metal. He performed all aspects of sheet metal construction, including cutting, welding, and installing. His work required substantial lifting and use of both hands. Hall developed carpal tunnel compression in his right hand during the course of employment. The date of injury was November 5, 1981, and Hall was about thirty-seven years of age. Hall suffered numbness, loss of sensation, and inability to grip. Dr. Arnis B. Grundberg performed decompression surgery on Hall’s hand in January 1982. It appears from the record that benefits were paid under an agreement among the parties. See Iowa Code § 86.13 (1981).

In mid-1982 Dr. Grundberg indicated that Hall could perform limited lifting and could return to work. The numbness and loss of sensation were alleviated, but Hall’s limited grip persisted. Because he needed full capacity for lifting and climbing, the employer could not put Hall to work. By the end of 1982 Dr. Grundberg determined that Hall could return to full duty, but the employer still believed Hall could not work safely because of his incomplete fist. On March 22, 1983, Dr. Grundberg determined that Hall’s permanent partial disability was ten percent of his right hand.

In mid-1983 Hall consulted Dr. A. Ivan Pakiam. Hall had developed neuroma — encasement of local nerves — in his scar tissue and endema — post-operative stiffening and contraction — in his hand. This left him with a loss of grip and pinch and with recurring pain. Hall sought further medical benefits, see Iowa Code § 85.27 (1983), in a review-reopening proceeding, see Iowa Code § 86.14 (1983).

A deputy industrial commissioner filed a decision on February 25, 1985, finding that the disability was causally related to the November 5, 1981, injury and that it was an occupational disease. In her findings of fact, the deputy commissioner stated that Hall had reached his maximum level of medical improvement without further medical treatment on March 22, 1983. In analyzing the question of benefit entitlement, the deputy commissioner stated:

The question of healing period benefits remains unresolved. Claimant has never returned to work. It is clear, claimant was unable to return to work on account [54]*54of his work-related hand condition. Therefore, the various medical work releases in evidence are not helpful in deciding this issue. Dr. Grundberg assigned claimant a permanent partial impairment rating March 22, 1983. Claimant’s maximum level of medical improvement without further treatment is found to have been reached at that point.

Based on Dr. Pakiam’s assessment, the deputy commissioner determined that Hall was entitled to permanent partial disability benefits equal to thirty-two percent of his right hand, rather than ten percent as assigned by Dr. Grundberg. The deputy commissioner concluded that Hall was entitled to further medical treatment, including excision of the scar tissue and resuture. No appeal or further review of these rulings was taken, and defendants paid the permanent partial disability benefits in a lump sum.

From February 25, 1985 (the date of the review-reopening decision), until July 16, 1985 (the date of the second surgery), Hall continued to be off work. During this same time period, Dr. Pakiam prescribed a “conservative” course of treatment. This treatment included transcutaneous electrical nerve stimulation (a “TENS unit”) and no return to work. This treatment proved unsatisfactory.

On July 16, 1985, Dr. Pakiam performed a second ulnar nerve decompression surgery on Hall’s hand and removed scar tissue. The parties stipulated that the healing period after the second surgery was as Dr. Pakiam had prescribed. Hall received healing period benefits after the second surgery, and these benefits are not in dispute. In September 1987 Dr. Pakiam determined that the permanent partial disability to Hall’s hand was twenty percent.

The defendants refused to pay any healing period benefits to Hall for the period February 25 through July 15, during which he was following the conservative treatment prescribed. Hall filed a second petition for review-reopening, seeking healing period benefits for that period.

Taking official notice of the previous proceedings, a May 25, 1988, deputy industrial commissioner’s decision held that Hall was entitled to healing period benefits for that period. In the same proceeding, however, the deputy commissioner considered, over claimant’s objections, the issue of whether the permanent partial disability rating should be changed. The deputy commissioner concluded that the permanent partial disability rating should be reduced from thirty-two to twenty percent. Based upon these conclusions, the deputy commissioner determined that the defendants had overpaid permanent partial disability benefits, that the overpayment was approximately the same as healing benefits owed, and that Hall could not recover any further award. Both parties appealed to the industrial commissioner.

The industrial commissioner determined that the dispositive issue was whether Hall proved a change of condition with respect to his entitlement to additional healing period benefits. The commissioner noted that the deputy commissioner in the 1985 review-reopening decision had found that Hall had reached his maximum level of medical improvement (i.e., the end of his original healing period) on March 22, 1983. Further, the commissioner found no evidence showing a physical change of condition not anticipated at the time of the 1985 review-reopening decision. The commissioner concluded that Hall had failed to carry the burden necessary to reopen the award for additional payments and reversed the deputy commissioner’s decision in the 1988 review-reopening proceeding. On Hall’s petition for judicial review, the district court agreed with the commissioner and affirmed in all respects.

II. Our scope of review is limited to correction of errors of law. Jackson County Pub. Hosp. v. PERB,

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Bluebook (online)
470 N.W.2d 52, 1991 Iowa App. LEXIS 25, 1991 WL 79570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-backman-sheet-metal-iowactapp-1991.