Holstein Electric v. Breyfogle

756 N.W.2d 812, 2008 Iowa Sup. LEXIS 112, 2008 WL 4661459
CourtSupreme Court of Iowa
DecidedSeptember 5, 2008
Docket07-0468
StatusPublished
Cited by20 cases

This text of 756 N.W.2d 812 (Holstein Electric v. Breyfogle) 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
Holstein Electric v. Breyfogle, 756 N.W.2d 812, 2008 Iowa Sup. LEXIS 112, 2008 WL 4661459 (iowa 2008).

Opinion

WIGGINS, Justice.

In this appeal we hold an injury to the wrist is to be compensated as an injury to the arm under Iowa Code section 85.34(2)(to) (2003). Additionally, because substantial evidence supports the commissioner’s decision, we affirm the judgment of the district court.

I. Background Facts and Proceedings.

Holstein Electric employed Jay Breyfo-gle as an electrician from 1998 until 2004. His employment required heavy lifting, running power tools, swinging sledgehammers, and various other manual tasks. On July 16, 2002, as Breyfogle grabbed some conduit, he heard his wrist pop. Shortly after he heard the noise, his wrist swelled. A physician diagnosed Breyfogle with Ki-enbock’s disease, which is avascular necrosis of the carpal lunate. The carpal lunate is a bone located in the wrist.

Breyfogle was referred to a hand specialist, Dr. Tiedeman. Breyfogle had seen Dr. Tiedeman on three separate occasions at the time of his compensation hearing. During the first visit Dr. Tiedeman agreed with the prior diagnosis of Kienbock’s disease after taking x-rays of Breyfogle’s wrist. During that visit Breyfogle reported he had intermittent discomfort in his wrist, particularly with activity, and he wore a brace at work and periodically at night. Dr. Tiedeman explained several treatment options, one being surgery, but noted surgery was only a salvage procedure and that Breyfogle’s wrist would never be normal or fully functional again. Dr. Tiedeman released Breyfogle to work without restrictions.

On Breyfogle’s second visit to Dr. Tiede-man, Breyfogle reported he was still experiencing occasional discomfort in his wrist with activity, and he still wore the splint intermittently. Repeat x-rays of Breyfo-gle’s wrist were taken and did not show any further progression or change from his February x-rays. Dr. Tiedeman again opined Breyfogle’s symptoms did not warrant surgical intervention at that time because surgery would not produce a normal wrist. Dr. Tiedeman allowed Breyfogle to *814 return to work without restrictions but advised him to avoid heavy lifting, forceful use, and the extremes of motion.

Breyfogle returned to Dr. Tiedeman for a third visit in September 2003. Breyfogle reported his symptoms remained unchanged and he had occasional discomfort in his wrist with more vigorous use. Dr. Tiedeman took range-of-motion measurements and opined Breyfogle’s condition was unchanged and fairly stable, but that the damage to his wrist was irreversible. Dr. Tiedeman opined Breyfogle had reached maximum medical improvement. He further opined Breyfogle suffered a nineteen percent impairment to his right wrist based on the AMA Guides to the Evaluation of Permanent Impairment and due to the residual loss of motion in his wrist as well as the loss of carpal height and strength. Dr. Tiedeman recommended continued conservative treatment.

Breyfogle saw Dr. Herrera, a neurologist, in November at the request of his employer. Breyfogle reported he was about fifty percent improved and had been stable for the previous six months. On a pain scale of zero to ten, Breyfogle indicated his wrist pain would vary from a zero to a ten and that when he had severe pain it would go away in three to four minutes. Dr. Herrera performed range-of-motion tests and opined Breyfogle suffered eight percent impairment to his right upper extremity. He broke that down into a one percent impairment of the upper extremity, three percent for wrist flexion, one percent for ulnar deviation, and three percent for radial deviation. Dr. Herrera also based his opinion on the AMA Guides.

Next Breyfogle saw Dr. O’Neil, an orthopedic surgeon, in June 2004. Dr. O’Neil agreed with the impairment rating Dr. Tiedeman assigned. In his testimony, Dr. O’Neil admitted he did not know how Dr. Tiedeman arrived at his opinion, but that even if the AMA Guides did not provide a nineteen percent impairment rating, the rating was reasonable based on Brey-fogle’s stage four Kienbock’s disease.

Because section 85.34(2) does not specify whether a wrist injury should be compensated as a scheduled injury to the arm or hand, the workers’ compensation deputy commissioner concluded Breyfogle’s wrist injury should be compensated as an injury to the arm. The. deputy gave more weight to Dr. Tiedeman’s testimony. The deputy went on to conclude Breyfogle suffered a nineteen percent impairment to his right arm.

The employer and its insurance carrier appealed to the commissioner. The commissioner agreed that an injury to the wrist should be compensated as an injury to the arm. The commissioner also upheld the impairment rating.

The employer and its insurance carrier filed a petition for judicial review. The district court made a legal conclusion that an injury to the wrist should be compensated as an arm injury, not a hand injury. The district court also upheld the agency’s impairment rating.

The employer and insurance carrier appeal.

II. Issues.

The employer and the insurance carrier raise two issues on appeal: first, whether an injury to the wrist should be compensated as an injury to the hand under section 85.34(2)© or as an injury to the arm under section 85.34(2)(m) and second, whether substantial evidence supports the commissioner’s finding of impairment.

III. Scope of Review.

The standard upon which we review a decision of the commissioner is governed by section 17A.19(10). It is well *815 settled that “ ‘[t]he interpretation of workers’ compensation statutes and related case law has not been clearly vested by a provision of law in the discretion of the agency.’ ” Lakeside Casino v. Blue, 743 N.W.2d 169,173 (Iowa 2007) (citation omitted). Accordingly, we will not give the commissioner’s interpretation of the law deference and are free to substitute our own judgment. Id.; see also Iowa Code § 17A.19(10)(c).

As to the agency’s factual determinations, we determine whether the findings are based on “substantial evidence in the record before the court when that record is viewed as a whole.” Iowa Code § 17A.19 (10)00. Substantial evidence is defined as

[T]he quantity and quality of evidence that would be deemed sufficient by a neutral, detached, and reasonable person, to establish the fact at issue when the consequences resulting from the establishment of that fact are understood to be serious and of great importance.

Iowa Code § 17A.19(10)(/)(1). Factual determinations in workers’ compensation cases are “ ‘clearly vested by a provision of law in the discretion of the agency,’ ” and so is the application of the law to those facts. Mycogen Seeds v. Sands, 686 N.W.2d 457, 465 (Iowa 2004) (citation omitted).

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Bluebook (online)
756 N.W.2d 812, 2008 Iowa Sup. LEXIS 112, 2008 WL 4661459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holstein-electric-v-breyfogle-iowa-2008.