Haynes v. Second Injury Fund

547 N.W.2d 11, 1996 Iowa App. LEXIS 23, 1996 WL 196666
CourtCourt of Appeals of Iowa
DecidedFebruary 28, 1996
Docket95-138
StatusPublished
Cited by3 cases

This text of 547 N.W.2d 11 (Haynes v. Second Injury Fund) 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
Haynes v. Second Injury Fund, 547 N.W.2d 11, 1996 Iowa App. LEXIS 23, 1996 WL 196666 (iowactapp 1996).

Opinion

CADY, Judge.

Glenda Haynes appeals a district court’s decision to affirm the Industrial Commissioner’s denial of her claim for benefits from the Second Injury Fund of Iowa. We affirm the district court on our review.

Glenda injured her left knee in 1989 while working on the production line of Palmer Candy Company in Sioux City. She worked off and on following the onset of symptoms and sought various medical treatments, including surgery. Following the knee injury, Glenda began to experience numbness in her hands and fingers, which led to a second claim for a work-related bilateral carpal tunnel injury. Glenda claimed this injury became disabling on April 19, 1990.

Glenda’s two workers’ compensation claims resulted in a settlement based on twenty-six percent permanent impairment to her left leg and a six percent impairment to each arm. She also filed a claim against the Second Injury Fund for benefits based on an additional disability from the two injuries.

Glenda presented medical evidence confirming she had bilateral carpal tunnel syndrome and the condition arose from her employment. She offered no medical evidence, however, of a percentage impairment rating. Her treating physician reported, in a terse “to whom it may concern” letter dated July 31, 1991, Glenda had a “history of permanent disability relating to knee injuries and carpal tunnel.” The medical records also revealed Glenda experienced occasional problems with her hands in 1991.

The Fund presented testimony from a medical doctor who opined Glenda had “no permanent impairment to either upper extremity” due to carpal tunnel syndrome. *13 Following the presentation of the evidence and closing argument, the administrative judge informed Glenda’s counsel she had a “problem” with the lack of evidence of a permanency rating and stated she was “reluctant to give a permanency rating” under such circumstances. Counsel for Glenda responded he did not believe a specific rating was required but “would be happy to leave the record open” for a period of time to obtain a rating from a physician, yet suspected that would not be “the desire” of the judge. The judge responded it was “also not allowed” by law. A written decision followed the hearing denying Glenda’s claim based on the failure to prove the second injury resulted in permanent loss or caused permanent disability.

Glenda sought administrative review of the decision, together with a formal request to submit additional evidence before the Industrial Commissioner. Glenda obtained an impairment rating from a physician following the hearing and wanted to submit it as additional evidence. The Industrial Commissioner denied the request and affirmed the administrative decision. The district court also denied Glenda’s application to present additional evidence, following her request for judicial review, and affirmed the administrative decision to deny benefits.

Glenda appeals. She claims the Industrial Commissioner erred by requiring her to submit medical evidence of a permanent impairment to her upper extremities as a prerequisite to her claim for Second Injury Fund benefits. She also claims the administrative agency abused its discretion in failing to hold the record open after the hearing to obtain and submit a permanent impairment rating.

I. Standard of Review

Our review is for errors of law. Squealer Feeds v. Pickering, 530 N.W.2d 678, 681 (Iowa 1995). We may reverse, modify, affirm or remand for further agency proceedings if the action is affected by error of law or if it is not supported by substantial evidence. Iowa Code § 17A.19(8) (1993). We give deference to the findings of facts of the agency as well as the interpretation of any rules. Meads v. Iowa Dept. of Social Services, 366 N.W.2d 555, 561 (Iowa 1985).

II. Permanent Impairment Rating

Liability for an industrial disability caused by two successive injuries is apportioned between the employer and the Second Injury Fund when (1) the employee has either lost or lost the use of a hand, arm, foot, leg, or eyes; (2) the employee sustained the loss, or loss of use of another such member or organ through a work related injury; and (3) there is some permanent disability from the injuries. Iowa Code § 85.64; Second Injury Fund v. Shank, 516 N.W.2d 808, 812 (Iowa 1994). When the three circumstances are present, the Fund becomes responsible for the difference between the compensation for which the current employer is liable and the total amount of industrial disability suffered by the employee, reduced by the com-pensable value of the first injury. Second Injury Fund v. Nelson, 544 N.W.2d 258, 269 (Iowa 1995).

In this case, the Industrial Commissioner concluded Glenda failed to establish her second injury resulted in permanent loss of use or caused a permanent disability. The thrust of Glenda’s claim on appeal is the Commissioner erred by requiring evidence of a permanent impairment rating from a physician.

We begin our analysis by observing carpal tunnel syndrome is a compensable scheduled member injury. Stephenson v. Furnas Elec. Co., 522 N.W.2d 828, 832 (Iowa 1994). Consequently it is the type of injury which can trigger Second Injury Fund liability. See Second Injury Fund v. Nelson, 544 N.W.2d 258 (Iowa 1995). However, the first two elements of recovery require some permanent loss of the scheduled member to support Second Injury Fund liability. See Iowa Code § 85.64. Likewise, the disability under the third requirement requires permanency. Id.

Expert medical evidence is generally necessary to establish the permanency of an injury. See Daniels v. Bloomquist, 138 N.W.2d 868, 873 (Iowa 1965). It is, however, not always essential. In some eases, permanency may be inferred from the nature of the *14 injury. Id. Likewise, an impairment rating by a physician is not always necessary to establish a permanent disability. See Kancs v. Walker, 557 N.E.2d 670, 674 (Ind.App.1990); Cozine v. Midwest Coast Transport, Inc., 454 N.W.2d 548, 552 (S.D.1990) (permanent impairment rating not the same as a disability rating). Bodily impairment is only one factor in determining industrial disability.

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Bluebook (online)
547 N.W.2d 11, 1996 Iowa App. LEXIS 23, 1996 WL 196666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haynes-v-second-injury-fund-iowactapp-1996.