Henry v. Iowa-Illinois Gas & Electric Co.

522 N.W.2d 301, 1994 Iowa Sup. LEXIS 189, 1994 WL 515760
CourtSupreme Court of Iowa
DecidedSeptember 21, 1994
Docket93-1315
StatusPublished
Cited by3 cases

This text of 522 N.W.2d 301 (Henry v. Iowa-Illinois Gas & Electric Co.) 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
Henry v. Iowa-Illinois Gas & Electric Co., 522 N.W.2d 301, 1994 Iowa Sup. LEXIS 189, 1994 WL 515760 (iowa 1994).

Opinion

McGIVERIN, Chief Justice.

The basic question here is whether nonmedical homemaking services are com-pensable as “nursing” services under Iowa Code section 85.27 (1991) of the Workers’ Compensation Act. The district court, affirming the decision of the industrial commissioner, concluded that such services were not compensable. We affirm.

I. Background facts and proceedings. On January 8, 1982, petitioner Austin K. Henry suffered severe internal and electrical burned skin injuries when he came into contact with a high voltage power line. Henry suffered the injuries while working as a lineman apprentice for his employer, respondent Iowa-Illinois Gas & Electric Co. (“Iowa-Illinois”). Thereafter, Henry underwent extensive skin grafts and surgeries, including amputations of his legs above the knee.

Petitioner has asserted a claim under section 85.27 against respondent employer for several services performed for him by his mother and sister since the surgeries.

A. A treating physician recommended in 1982 that Henry go to a nursing home for assistance. Instead, however, he returned home where his mother cared for him. She changed his bandages, gave him physical therapy, and performed basic housekeeping functions such as cooking and cleaning.

Iowa-Illinois also participated in helping Henry after the accident. It provided an electric wheelchair, installed wheelchair ramps and a special shower for Henry at his parents’ home, and equipped a van for Henry to operate himself.

By February 1984, Henry’s condition had improved substantially. As a result, Henry returned to work full time for Iowa-Illinois and continues to work as its employee today. Henry also continues to reside at his parents’ house, but he pays his parents rent for his room within the home. Among other personal services Henry may now perform for himself, Henry is able to shower and shave independently.

As Henry’s condition has improved, the nature of his mother’s services has also changed. In 1984 Henry’s mother was able to return to work as the manager of a restau *302 rant, where she began working full time in January 1986. Since 1985 Henry’s mother’s aid to Henry has decreased to occasionally helping Henry dress by buttoning and pinning his clothing, preparing meals when Henry does not cook himself or eat out, laundering his clothing, cleaning his room, and shoveling snow at the home.

In a list of the estimated time Henry’s mother spent in allegedly providing services for him over a thirty-one day period, each day’s itemization includes “daily general chores,” defined as including “making of bed, gathering of soiled clothing, cleaning of my bathroom and bedroom, etc.” The list also includes preparing two meals each day, even though Henry is able to prepare some meals and eats out occasionally. In addition, the list includes time Henry’s father spent on wheelchair, van, lift, and ramp maintenance and repairs.

Henry’s mother also testified that she paid $50 per week to Beverly Sanders, one of Henry’s sisters, to assist him three days a week for about a year sometime around 1986. She testified to providing dressing help, occasionally preparing meals, and salting or shoveling the driveway on snowy days.

Initially, Henry received workers’ compensation temporary total disability or healing period benefits for the period of time he was off work beginning on January 9, 1982 through February 19, 1984. He returned to work full time on February 20, 1984.

On September 27, 1984, claimant filed a petition for review-reopening before the industrial commissioner seeking additional benefits. Although Henry and his mother testified at the hearing on that petition, they failed to raise any issue as to benefits for nursing care under Iowa Code section 85.27 as presently asserted.

Henry appealed the deputy industrial commissioner’s review-reopening decision, which set his permanent partial disability award. The industrial commissioner issued an appeal decision which affirmed the deputy’s decision. Henry petitioned the district court for judicial review of that decision, but did not appeal from the December 10, 1987 district court ruling, which affirmed the commissioner.

B. On November 30, 1988, Henry filed the present petition before the industrial commissioner seeking medical benefits for “practical nursing services performed by claimant’s mother from the date of the injury to present.” Iowa-Illinois filed a motion for partial summary judgment, contesting payment for services provided by claimant’s mother from the date of the injury to the close of the record at the 1985 hearing on the petition for review-reopening. Iowa-Illinois contended that all issues not raised by the time of that hearing were waived or barred.

On February 22, 1991, a deputy industrial commissioner filed an arbitration decision that concluded that because Henry failed to petition for home care benefits until November 30, 1988, the statute of limitations (Iowa Code section 85.26(1)) barred him from recovery for such benefits through November 30,1985. With respect to services performed by his mother and sister after that date, however, the deputy concluded that Henry was entitled to benefits under section 85.27.

Iowa-Illinois appealed and Henry cross-appealed to the industrial commissioner, who concluded that the services Henry’s family provided him were in the nature of homemaking services, which were not nursing services compensable under section 85.27. Thus, the industrial commissioner found in favor of Iowa-Illinois on the merits and did not reach the statute of limitations issue.

Henry filed a petition for judicial review in district court, which affirmed the industrial commissioner’s decision.

Henry appealed to this court.

Our review is for correction of errors at law. Iowa R.App.P. 4; see Foods, Inc. v. Iowa Civil Rights Comm’n, 318 N.W.2d 162, 164-65 (Iowa 1982).

II. Compensation for services. Henry contends that the services provided by his family constitute compensable “nursing” services under Iowa Code section 85.27.

Iowa Code section 85.27 provides in pertinent part:

*303 The employer, for all injuries compensable under this chapter or chapter 85A, shall furnish reasonable surgical, medical, dental, osteopathic, chiropractic, podiatric, physical rehabilitation, nursing, ambulance and hospital services and supplies therefor and shall allow reasonably necessary transportation expenses incurred for such services.

(Emphasis added.)

We agree with the industrial commissioner that the services that Henry’s family performed for him fall outside of the scope of “nursing” services contemplated by the statute.

The legislature failed to define the scope of the term “nursing.” Therefore, to determine the proper meaning of the term, we look to its ordinary meaning and the context in which the legislature drafted it. See Leuchtenmacher v. Farm Bureau Mut. Ins. Co.,

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522 N.W.2d 301, 1994 Iowa Sup. LEXIS 189, 1994 WL 515760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-iowa-illinois-gas-electric-co-iowa-1994.