Tuttle v. Mickow Corp.

418 N.W.2d 364, 1987 Iowa App. LEXIS 1836, 1987 WL 35505
CourtCourt of Appeals of Iowa
DecidedNovember 30, 1987
DocketNo. 86-787
StatusPublished

This text of 418 N.W.2d 364 (Tuttle v. Mickow Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tuttle v. Mickow Corp., 418 N.W.2d 364, 1987 Iowa App. LEXIS 1836, 1987 WL 35505 (iowactapp 1987).

Opinion

OXBERGER, Chief Judge.

In this appeal Mickow Corporation and its insurer appeal the district court’s decision overruling the industrial commissioner’s denial of death benefits to the claimant, Cora Tuttle. Cora Tuttle cross-appeals from the district court’s finding that there was substantial evidence to support the [365]*365industrial commissioner’s finding that a load was not assigned to Charles Tuttle in Norfolk, Nebraska. We affirm.

Charles Tuttle was a truck driver working for Mickow Corporation (Mickow). He entered into an agreement whereby he would lease his tractor and trailer to Mick-ow and work exclusively for Mickow. He was required by the agreement to maintain his tractor and trailer in good condition. Tuttle had been leasing a trailer when he decided to purchase one in an effort to increase his income. The newly purchased trailer was left in Norfolk, Nebraska, for Tuttle to pick up.

In June 1981, Tuttle delivered a load to Willmar, Minnesota. After delivery he called the Mickow dispatcher to inform him he was going “out of service” temporarily so he could acquire the trailer in Norfolk.1 Tuttle traveled to Des Moines to finalize the trailer purchase and lease it to Mickow. He then proceeded to Norfolk to get the trailer. The industrial commissioner found that a load was not assigned to Tuttle in Norfolk. Cora Tuttle disputes this finding. After picking up the trailer, Tuttle was going to proceed to his home in Arkansas to perform some maintenance work on the trailer. While traveling in his tractor, Tuttle was involved in a fatal accident east of Avoca, Iowa.

His widow, Cora, then sought death benefits under the workers’ compensation statute. The industrial commissioner, in a decision reversing the deputy commissioner, denied the benefits finding Tuttle was not killed while in the course of his employment since the Norfolk trip was purely personal. The district court then reversed the commissioner and this appeal was taken.

We review the decision of the district court, also rendered in an appellate capacity, and determine whether the district court correctly applied the law. Hy-Vee Food Stores v. Dept. of Revenue, 379 N.W.2d 37, 39 (Iowa App.1985). To make this determination, we apply the standards of § 17A.19(8) to the agency action. Jackson County Public Hospital v. Public Employment Relations Board, 280 N.W.2d 426, 429-30 (Iowa 1979). We are bound by the commissioner’s findings of fact if they are supported by substantial evidence. Frost v. S.S. Kresge Co., 299 N.W.2d 646, 647-48 (Iowa 1980). We, however, are not bound by the commissioner’s legal conclusions. Id. at 648.

For the sake of clarity we address Cora Tuttle’s cross-appeal first. Cora argues there was not substantial evidence to support the commissioner’s finding that a load was not assigned to Charles Tuttle in Norfolk. The district court found the finding to be supported by substantial evidence and so do we.

Evidence is substantial when a reasonable person would accept it as adequate to reach a conclusion. Hy-Vee Food Stores v. Dept. of Revenue, 379 N.W.2d 37, 39 (Iowa App.1985). The question is not whether the evidence might support a different finding, but whether the evidence supports the findings actually made. Id.

The record reveals that on June 9, 1981, Charles Tuttle called the Norfolk dispatcher, Eli Zimmerman, and told him he was going out of service so he could take care of some personal business in Des Moines. Cora argues that while in Mick-ow’s Des Moines terminal, Charles was dispatched a load out of Norfolk to Bixby, Oklahoma. The driver who hauled the load testified he was told the only reason he got the load was because Tuttle had died. Zimmerman, however, does not recall assigning a load to Tuttle. The Des Moines dispatcher, Michael Young, also does not recall a conversation in which Tuttle was assigned a load. Also, the documentary evidence introduced indicates a load had not been assigned to Tuttle. It was a company practice to not dispatch drivers over the telephone, but there was evidence this rule was not always followed.

In light of the above evidence, we cannot conclude the commissioner’s finding was not supported by substantial evidence. [366]*366The issue was hotly disputed, and ample evidence was presented. We hold, therefore, the finding was supported by substantial evidence and affirm that portion of the district court’s decision.

The primary issue on appeal is whether Charles Tuttle was in the course of his employment at the time of his death. The district court found that, as a matter of law, Tuttle was in the course of his employment. In doing so, the court adopted a portion of Cora Tuttle’s brief without specifying which theory was dis-positive.

Mickow’s primary argument is that Tuttle had deviated from his employment at the time of his death and that his actions did not benefit his employer. They rely on the facts that Tuttle was “out of service” and was traveling to Norfolk to pick up a trailer he purchased in an attempt to make more money. Mickow claims the exchange of trailers was of no benefit to Mickow, only Tuttle. They, as did the commissioner, categorize Tuttle’s trip as a purely personal one.

In her brief to the district court, Cora set forth four general principles which she claimed allowed for a recovery under these facts. She argued: (I) that Tuttle was required to supply a tractor and trailer for his employer and, therefore, the trip to and from work is within his course of employment; (2) that the trip to and from work is within the course of employment since Tuttle was traveling in a tractor controlled by Mickow; (3) that, since Tuttle was required to supply the tractor and trailer for his work, Mickow was sufficiently benefited by the preparation or repair of the trailer to bring Tuttle within the course of his employment; and (4) that, even if Tuttle’s trip was primarily personal, if there is a concurrent employer benefit to Mickow, then Tuttle is within the course of his employment.

To determine the resolution of this case, we must first ascertain which issues are factual and which issues are legal. In Hawk v. Jim Hawk Chevrolet-Buick, Inc., 282 N.W.2d 84, 87 (Iowa 1979), the supreme court said:

The determination whether an injury or death arose out of or in the course of employment consists of a mixed question of law and fact. The operative events which give rise to the injury or death are questions of fact. Where these issues are either resolved or undisputed, and supported by substantial evidence, the legal questions whether the facts justify an award or denial of benefits remains. ... The industrial commissioner, while setting out the operative events in his review decision, failed to designate the events as “findings of fact.” The commissioner, instead, erroneously reserved that label for the bold conclusion that the death did not arise out of or in the course of employment.

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Related

Hy-Vee Food Stores, Inc. v. Iowa Department of Revenue
379 N.W.2d 37 (Court of Appeals of Iowa, 1985)
Hawk v. Jim Hawk Chevrolet-Buick, Inc.
282 N.W.2d 84 (Supreme Court of Iowa, 1979)
Frost v. S. S. Kresge Co.
299 N.W.2d 646 (Supreme Court of Iowa, 1980)

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Bluebook (online)
418 N.W.2d 364, 1987 Iowa App. LEXIS 1836, 1987 WL 35505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuttle-v-mickow-corp-iowactapp-1987.