Sidles Distributing Co. v. Heath

366 N.W.2d 1
CourtSupreme Court of Iowa
DecidedApril 23, 1985
Docket84-383
StatusPublished
Cited by4 cases

This text of 366 N.W.2d 1 (Sidles Distributing Co. v. Heath) 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
Sidles Distributing Co. v. Heath, 366 N.W.2d 1 (iowa 1985).

Opinion

CARTER, Justice.

The employer and its insurance carrier have appealed from a district court decision upholding a decision of the industrial commissioner commuting workers’ compensation benefits previously established. The benefits which were commuted had been established by an order of the commissioner in December, 1981, finding that respondent, Robert M. Heath, was permanently and totally disabled and should receive weekly payments “for the duration of his disability.” Upon Heath’s application, the commutation of these weekly benefits to a lump sum was made by the industrial commissioner on June 27, 1983.

The challenge to the commutation order, unsuccessfully urged by appellants in the district court, involves two issues. These are: (1) whether respondent’s period of disability should be considered to be his life expectancy or his work-life expectancy, and (2) whether in commuting the weekly benefits to a lump sum, based upon an actuarial reduction to present worth, the industrial commissioner should have employed a compound interest factor rather than a simple interest factor.

Respondent worked twenty years for Sidles Distributing Co. prior to sustaining his work-related disability. In seeking commutation, he established that he was forty-seven years of age, had in the past used sound judgment in money management and would use the lump sum to enhance his family’s financial security by paying for their home and investing the remainder of the sum. Based upon this evidence, the industrial commissioner found sufficient benefit to Heath, see section 85.45(2), to warrant lump sum commutation of respondent’s weekly benefits. Commutation was ordered based upon 1482 weeks of disability payments, which was the period of respondent’s remaining life expectancy. In actu-arially discounting the weekly payments to present worth, a ten percent simple interest factor was employed by the industrial commissioner.

I. Duration of Disability Payments Under Prior Order of the Industrial Commissioner.

While appellants treat the first issue on appeal as one relating to the commutation order, we believe that in fact it is governed by the earlier decision fixing the extent and duration of respondent’s benefits. The payments which were ordered at that time were payable “during the period of the employee’s disability,” as provided in *3 Iowa Code section 85.34(3) (1981). As both parties agree, the length of that period of disability is a determinative factor in computing the proper amount of the lump sum commutation award. See, e.g., Diamond v. The Parsons Co., 256 Iowa 915, 919, 129 N.W.2d 608, 611 (1964); Iowa Code §§ 85.-45, .47 (1981).

The extent of respondent’s entitlement to benefits under section 85.34(3), if he had not sought commutation, establishes the period of the employee’s disability for purposes of effecting a lump sum commutation. Appellants urge that the order which the commissioner entered in 1981 granting respondent weekly benefits “during the period of the employee’s disability,” did not establish benefits for life. Rather, they urge that that order should be interpreted as limiting payment of weekly benefits to respondent’s work-life expectancy. We find nothing in either the wording or history of section 85.34(3) which suggests such a limitation on the duration for which permanent total disability benefits are payable.

Appellants urge that the proposed interpretation is consistent with the policy of our workers’ compensation laws that compensation is awarded for industrial disability. This principle, they suggest, requires that benefits be paid only for the duration of that period during which the injured employee might have been expected to continue working. We have recognized that, in determining the extent of disability in workers’ compensation cases, the proper measure is industrial disability rather than functional disability. We have said that “age, education, qualification, experience and inability, due to injury, to engage in the employment for which the claimant is fitted” are factors to be considered. E.g., Doerfer Division of CCA v. Nicol, 359 N.W.2d 428, 438 (Iowa 1984); McSpadden v. Big Ben Coal Co., 288 N.W.2d 181, 192 (Iowa 1980). We have never suggested, however, that the period during which benefits are to be paid is to be determined by fixing the period of the injured employee’s work-life expectancy.

In 2 A. Larson, The Law of Workmen’s Compensation § 57.21 (1983), the author recognizes the concept of injury-produced unavailability for work as a central theme of workers’ compensation laws. In the same volume, however, it is recognized that in the case of permanent disabilities this ordinarily means “lasting the rest of claimant’s life.” Id. § 57.13, at 10-25. In Stovall v. Williams, 675 S.W.2d 6, 7 (Ky.Ct.App.1984), the court agreed with this conclusion stating: “[It is] incontrovertibly established that an award for so long as the claimant is disabled means that the award is for the claimant’s occupational life and that occupational life, is synonymous with physical life.” We do not find our own statutes to be inconsistent with this premise.

Iowa Code section 85.45(4) provides:

When a person seeking a commutation is a widow or widower, a permanently and totally disabled employee, or a dependent who is entitled to benefits as provided in section 85.31, subsection 1, paragraphs “c ” and “d ”, the future payments which may be commuted shall not exceed the number of weeks which shall be indicated by probability tables designated by the industrial commissioner for death and remarriage, subject to the provisions of chapter 17A.

Both appellees and appellants place reliance on this statute in urging their respective positions. Appellee asserts that, because the statute provides for the use of mortality tables in commutation of benefits, it recognizes life expectancy as the period of disability in cases of permanent total disability. Appellants, on the other hand, point out that under the statute life expectancy is stated to be the maximum period of disability which may be considered, thereby implying that a shorter period may be utilized in appropriate cases.

Although a casual examination of section 85.45(4) suggests some applicability to the present controversy, further analysis suggests that this statute is intended to deal with a different problem. Prior to its enactment, we had suggested in Diamond, *4 256 Iowa at 923, 129 N.W.2d at 613 that, where weekly disability payments have been ordered for a fixed period of time, that period shall be used to compute the lump sum award in commutation cases even in those instances where life expectancy tables indicate that the claimant will not live to the end of the benefit period.

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366 N.W.2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sidles-distributing-co-v-heath-iowa-1985.