Schoenfeld v. FDL Foods, Inc.

560 N.W.2d 595, 1997 Iowa Sup. LEXIS 81, 1997 WL 142200
CourtSupreme Court of Iowa
DecidedMarch 26, 1997
Docket95-1504
StatusPublished
Cited by9 cases

This text of 560 N.W.2d 595 (Schoenfeld v. FDL Foods, Inc.) 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
Schoenfeld v. FDL Foods, Inc., 560 N.W.2d 595, 1997 Iowa Sup. LEXIS 81, 1997 WL 142200 (iowa 1997).

Opinion

ANDREASEN, Justice.

Francis A. Schoenfeld injured his knee while working at FDL Foods, Inc. The deputy industrial commissioner (Deputy) awarded him healing period benefits, permanent partial disability benefits, and payment of medical expenses. The industrial commissioner (Commissioner) affirmed the award of healing period benefits and payment of medical expenses, but reversed the award of permanent benefits. The Commissioner concluded that a medical evaluation report prepared by Schoenfeld’s treating physician should be excluded from evidence because it was completed after the discovery deadline. Without the report, Schoenfeld had no proof of the extent of his disability or that he suffered a permanent injury. The Commissioner’s decision was affirmed on judicial review by the district court and court of appeals. We vacate the decision of the court of appeals, reverse the judgment of the district court, and remand for further proceedings.

I. Background Facts and Proceedings.

Schoenfeld is employed by FDL Foods as a maintenance worker. He injured his right knee at work on August 21, 1992. Because of his work schedule, Schoenfeld did not report the injury to FDL Foods until the next day. FDL Foods’ company physician, Dr. L.C. Faber, examined Schoenfeld on August 27, telling Schoenfeld he would have to talk to the safety and workers’ compensation manager to determine whether the company considered his injury work related. Sehoen-feld saw Faber again on November 2, and FDL Foods still had not decided whether to cover the injury. Schoenfeld was told he could file a claim with his health insurance provider and that, if FDL Foods eventually *597 decided the claim was compensable, it would take care of the expenses.

Because of persistent pain and discomfort in his knee, Schoenfeld went to see Dr. David Field, an orthopedic surgeon, on November 30. Field subsequently performed two arthroscopic surgeries on Schoenfeld, one in December 1992 and the other in January 1993. As a result of his knee problems, Schoenfeld was unable to work from December 8, 1992 to March 15, 1993. Field released Schoen-feld to return to work on March 15, with a special instruction that he not do any kneeling. Field also provided FDL Foods with medical and surgical reports on Sehoenfeld’s injury and condition.

Schoenfeld filed a petition for workers’ compensation arbitration on January 4,1993, seeking healing period benefits, medical expenses for the treatment of his knee, permanent partial disability benefits, and penalties. In a hearing assignment order filed December 13, the Deputy set a discovery deadline of February 25, 1994. This order required each party to serve a list of witnesses and exhibits upon the opposing party prior to the deadline date. The order further provided the ease preparation dates would be enforced under a prejudice standard, and additional exhibits would be allowed only if a party was not unfairly surprised by their introduction into evidence. Hearing on the petition was set for April 26.

At the request of Schoenfeld’s attorney, Field evaluated Schoenfeld on April 14 and submitted an evaluation report dated April 19. Field indicated that Schoenfeld had a seven percent impairment of his lower extremity or a three percent whole body impairment due to the injury. Schoenfeld served the evaluation report on FDL Foods the following day.

At the hearing, FDL Foods objected to the introduction of Field’s evaluation report, claiming that the report was completed after the discovery deadline and that it was prejudiced by the late discovery. In response, Sehoenfeld’s attorney acknowledged the delay, but argued it had been caused by the employer’s failure to pay for Schoenfeld’s medical treatment, which caused Field, his treating physician, to be uncooperative. Schoenfeld’s counsel also noted that Field’s medical and surgical reports were provided to the employer. Counsel suggested there was no prejudice to the employer by the late discovery because the employee could dismiss the suit, refile it, and thus avoid the sanction.

The Deputy admitted Field’s evaluation report, reasoning that the employer was not prejudiced by the admission of the report. FDL Foods did not request a continuance to allow discovery. The hearing before the Deputy then proceeded. On May 10, 1994, the Deputy entered an arbitration decision and concluded that Schoenfeld’s injury arose out of and in the course of his employment at FDL Foods. She determined that FDL Foods was responsible for healing period benefits, permanent partial disability benefits, medical benefits, interest, and costs. With regard to the permanent benefits, the Deputy instructed FDL Foods to pay 15.4 weeks of benefits at the rate of $343.85 per week.

On appeal, the Commissioner affirmed the Deputy’s award of healing period benefits and medical expenses, but reversed the award of permanent benefits. The Commissioner held the Deputy abused her discretion in admitting Field’s evaluation report, stating that the lateness of Field’s report did not allow FDL Foods adequate time to prepare to rebut the exhibit.

On December 20, Schoenfeld filed a petition for judicial review in district court. After a hearing, the district court entered a ruling, affirming the Commissioner’s decision. Schoenfeld filed timely notice of appeal, and we transferred the case to the court of appeals. The court of appeals affirmed the district court’s ruling. We granted Schoenfeld’s petition for further review.

II. Scope of Review.

Our review of decisions of the industrial commissioner is governed by Iowa Code chapter 17A, the Iowa Administrative Procedure Act. Iowa Code § 86.26 (1991); Squealer Feeds v. Pickering, 530 N.W.2d 678, 681 (Iowa 1995). We review rulings of the industrial commissioner for correction of *598 errors of law, as does the district court. Squealer Feeds, 530 N.W.2d at 681. We may affirm, reverse, modify, or grant any other appropriate equitable or legal relief. Iowa Code § 17A.19(8); Squealer Feeds, 530 N.W.2d at 681. We may grant relief where substantial rights of a party have been prejudiced and the agency decision is (1) affected by error of law, (2) not supported by substantial evidence in the record, or (3) characterized by an abuse of discretion. Iowa Code §§ 17A.19(8)(e), (f), (g). “The imposition of sanctions by administrative agencies is discretionary.” Stephenson v. Furnas Elec. Co., 522 N.W.2d 828, 831 (Iowa 1994).

III. Admissibility of Dr. Field’s Evaluation Report.

Schoenfeld admits the delivery of Field’s evaluation report six days before trial did not comply with the hearing assignment order. The Deputy acknowledged a prejudice standard would control the admissibility of the report as evidence.

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560 N.W.2d 595, 1997 Iowa Sup. LEXIS 81, 1997 WL 142200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoenfeld-v-fdl-foods-inc-iowa-1997.