Robbennolt v. Snap-On Tools Corp.

555 N.W.2d 229, 1996 Iowa Sup. LEXIS 432, 1996 WL 610070
CourtSupreme Court of Iowa
DecidedOctober 23, 1996
Docket95-179
StatusPublished
Cited by45 cases

This text of 555 N.W.2d 229 (Robbennolt v. Snap-On Tools Corp.) 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
Robbennolt v. Snap-On Tools Corp., 555 N.W.2d 229, 1996 Iowa Sup. LEXIS 432, 1996 WL 610070 (iowa 1996).

Opinion

PER CURIAM.

This case comes to us on further review of the decision of the Iowa Court of Appeals. We vacate the decision of the court of appeals and affirm in part, reverse in part, and remand the district court decision for further proceedings.

I. Factual and Procedural Background

On August 17, 1990, Dan Robbennolt received a severe cut to his right third finger while working for Snap-On Tools Corporation (Snap-On). He was treated for the injury and was off work for two days. Robben-nolt continued to experience problems with the finger, causing additional absences from work and leading to additional corrective surgeries which failed to resolve the problems. On October 3, an extensor tendon reefing and pinning was performed. Robbennolt returned to work on November 19. On January 11, 1991, surgery was performed on the finger. Robbennolt was released to work and did return to work on February 25. On March 11, a fusion of the PIP joint of the injured finger was performed. Robbennolt was released to return to work and did return to work on April 25. On July 3, a refusion of the PIP joint with a bone graft was performed. This was unsuccessful and, on August 14, the right third finger was amputated. Robbennolt was released to return to work without restriction on Septem *232 ber 9. On September 23, his physician opined that Robbennolt had a ninety-four percent permanent partial disability (PPD) of the right finger. In January 1992, he filed a claim for benefits, interest, and penalty benefits with the Iowa Industrial Commissioner (commissioner).

Robbennolt continued to experience pain in his hand. A ray resection surgery was performed on November 18,1992 to alleviate the pain. Although Robbennolt complained that he has lost grip strength in his right hand and suffers fi*om fatigue due to the loss of his finger, the treating physician reported that he made a good recovery from the ray resection surgery. After April 1993, no work restrictions were placed on Robbennolt and he was permitted to work overtime. On June 30, the physician handling the ray resection surgery gave Robbennolt a 100% permanent partial impairment rating regarding the right third finger, which translated into a twenty percent permanent partial impairment of his right hand as a result of the loss of the finger. Robbennolt claims that this rating does not take into account the pain he was suffering. Robbennolt also claims that he was not able to perform all the tasks he was able to do with his hand prior to the injury, and that the injury affected his right arm.

Initially, Snap-On paid workers’ compensation benefits using a rate that did not include the overtime Robbennolt had been working. Snap-On, however, admitted the rate was incorrect, and ultimately applied the correct rate. In his claim with the commissioner, Robbennolt claims he is entitled to additional PPD benefits from his finger injury that caused a permanent disability to his right arm, that he should receive additional interest for Snap-On’s failure to make timely payments of compensation, and that he should receive penalty awards under Iowa Code section 86.13 (1993) for alleged unreasonable delay in payment of benefits.

On January 18, 1994, the deputy industrial commissioner (deputy) entered a decision determining Robbennolt had a twenty percent permanent impairment to his right hand due to the loss of his finger and that he was entitled to interest on PPD payments due and not timely made on or after June 9,1993. This is the date the deputy determined that Robbennolt reached maximum medical improvement and that his healing period terminated. The deputy also determined Snap-On must pay additional healing period benefits and temporary partial disability benefits to Robbennolt. However, no interest was allowed on these unpaid benefits. The deputy refused to assess interest under Iowa Code section 85.30 as requested by Robben-nolt and also refused to impose a penalty under Iowa Code section 86.13 for unreasonable delay or denial of benefits. On June 29, 1994, the commissioner affirmed the decision of the deputy. The commissioner assessed the cost of the appeal to Robbennolt and required Snap-On to pay all other costs.

Robbennolt filed a petition for judicial review on July 5,1994, challenging the commissioner’s decision. The district court entered a ruling on January 3, 1995, essentially affirming the commissioner’s decision. The court rejected Robbennolt’s claim that the commissioner neglected to determine whether there was a permanent disability to Rob-bennolt’s right arm, concluding that the commissioner considered Robbennolt’s argument and rejected it. The court determined that there was substantial evidence to support the commissioner’s determination regarding the extent of Robbennolt’s impairment. The court also concluded that there was a sufficient basis for the commissioner’s decision limiting Robbennolt’s hand impairment to twenty percent based on the medical rating. The court further concluded that the compensation payments were paid within the time required by Iowa Code section 85.30. The court found Robbennolt’s PPD payments accrued on September 23, 1991 rather than on June 9,1993, the date set by the commissioner. However, the court noted that Snap-On paid Robbennolt for the original impairment rating at the time the rating was given in September 1991, and that any payment at an incorrect rate was corrected after the June 1993 impairment rating. The court determined that Robbennolt was not entitled to additional interest. The court also determined that Robbennolt was not entitled to penalties under Iowa Code section 86.13. *233 The court further determined that the commissioner did not abuse his discretion in taxing costs of the unsuccessful appeal to Robbennolt. The court taxed the costs of the judicial review action to Robbennolt.

Robbennolt filed a timely notice of appeal. We transferred the appeal to the court of appeals. See Iowa R.App.P. 402. The court of appeals affirmed the district court’s ruling. We granted Robbennolt’s application for further review. Iowa R.App.P. 402.

II. Scope of Review

Judicial review of the actions of an administrative agency is governed by the standards of Iowa Code section 17A.19(8). Mercy Health Ctr. v. State Health Facilities Council, 360 N.W.2d 808, 811 (Iowa 1985). The court acts in an appellate capacity by reviewing the agency’s decision solely to correct any errors of law. Dubuque Community Sch. Dist. v. Public Employment Relations Bd., 424 N.W.2d 427, 430 (Iowa 1988). The agency’s decision is final if it is supported by substantial evidence and is correct in its conclusions of law. Heatherly v. Iowa Dep’t of Job Serv., 397 N.W.2d 670, 670 (Iowa 1986). The possibility of drawing two inconsistent conclusions from the same evidence does not prevent the agency’s decision from being supported by substantial evidence. Henry v. Iowa Dep’t of Job Serv.,

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Bluebook (online)
555 N.W.2d 229, 1996 Iowa Sup. LEXIS 432, 1996 WL 610070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robbennolt-v-snap-on-tools-corp-iowa-1996.