Williamson v. Fansteel

595 N.W.2d 803, 1999 Iowa Sup. LEXIS 146, 1999 WL 410460
CourtSupreme Court of Iowa
DecidedJune 3, 1999
Docket97-1762
StatusPublished
Cited by2 cases

This text of 595 N.W.2d 803 (Williamson v. Fansteel) 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
Williamson v. Fansteel, 595 N.W.2d 803, 1999 Iowa Sup. LEXIS 146, 1999 WL 410460 (iowa 1999).

Opinion

SNELL, Justice.

Petitioner, Douglas Williamson, appeals from the district court’s decision affirming the Iowa Industrial Commissioner in a review-reopening proceeding. Williamson applied for additional permanent partial disability benefits. Upon reviewing the record, we now affirm the district court.

I. Background Facts and Proceedings

Williamson worked for respondent Well-man Fansteel and continues to be employed there. In 1988, he injured his back on the job, and underwent two lumbar laminectomies. In 1991, he reached an approved settlement with Wellman and its insurance carrier, receiving an award of twenty-two and one-half percent permanent partial disability to the body as a whole. Williamson continued to work at Wellman in the same supervisory position he held before.

On August 4, 1994, Williamson filed a petition for review reopening pursuant to Iowa Code section 86.14 (1993). He claimed his condition had worsened since 1991 in a manner not contemplated by the parties at the. time of the settlement. Based on this occurrence, he claimed he was entitled to additional permanent partial disability benefits.

Following a hearing, the deputy industrial commissioner ruled that Williamson was not entitled to any additional benefits. On appeal to the industrial commissioner, the decision of the deputy was affirmed. Williamson then petitioned and received a judicial review by the district court which affirmed the industrial commissioner.

In our review of agency action, two issues are raised by Williamson. He first claims that the commissioner’s decision is not supported by substantial evidence. Next, he asks for a reversal based on the claim that the district court adopted verba *805 tim a proposed opinion drafted by respondents at the court’s request.

II. Scope of Review

Our review is governed by Iowa Code section 17A.19(8)(e) and (f) (1993) whereby we may reverse, modify, or grant other appropriate relief based on an error of law or where the decision is not supported by substantial evidence.

III. Substantial Evidence

The deputy commissioner and commissioner found that Williamson’s low back symptomology showed a deterioration of his back since the settlement and he was experiencing shooting pains in his left leg. However, the commissioner found that he did not prove he suffered a physical change in condition relating to the original injury. To recover in a review-reopening proceeding Williamson was required to prove that subsequent to the date of the settlement award he suffered an impairment or lessening of earning capacity or an increase in industrial disability proximately caused by the injury. Blacksmith v. All-American, Inc., 290 N.W.2d 348, 350 (Iowa 1980). Williamson does not claim that he has had a change in his economic condition and therefore does not seek to qualify as having impaired or lessened earning capacity.

Williamson seeks to prove he suffered a physical change of condition not contemplated at the time of the 1991 settlement. On this issue the commissioner compared the evidence presented by Dr. Ronald K. Bunten and Dr. Ronald C. Evans at the time of the original settlement agreement with that of Dr. Daniel J. McGuire, who treated Williamson after that on ten different occasions. The commissioner’s decision states as follows:

Dr. McGuire opined on September 21, 1995, that: “There have not been significant changes in his complaints or in his x-rays, or anything like that.”
Dr. McGuire opined on October 5, 1995 that ... there had not been any significant change in claimant’s over all situation. Dr. McGuire felt that the extent of changes was not unexpected. Dr. McGuire did not change claimant’s work restrictions and did not expect the changes in claimant’s condition to result in any major change in his physical activities. Dr. McGuire has indicated that claimant could end up with another surgery. The surgery, however, would not change claimant’s capabilities of working and/or his restrictions. Dr. McGuire thought claimant’s symptoms were occurring more frequently. Claimant has not had surgery. Claimant continues to work at the same job he returned to following his work injury. He has the same pay and same job duties. Claimant is five feet ten inches tall. He gained 50 pounds from July 1988 to April 1995 when he weighed 285 pounds.
At that time of the settlement claimant had trouble riding in a car and was avoiding physical activities. He had left leg pain and some occasional problems with his right leg.

In deciding that Williamson had not proved a change of physical condition that was not contemplated at the time of the 1991 settlement, the commissioner made these findings.

There has been no additional surgery. There has been no change in permanent impairment ratings nor in work restrictions. Dr. McGuire thought the change in symptoms was expected. Claimant had pain in his back, left leg and some in the right leg both before and after the 1991 settlement. Although claimant asserts an increase in frequency and possible magnitude of symptoms, he has sought medical care from Dr. McGuire only nine times in a three year period. The increase in symptoms may be due in part to claimant’s weight gain and the normal aging process.

Claimant faults the commissioner on this issue for not sufficiently considering the lay witnesses as to the changes in *806 Williamson’s physical condition. The commissioner stated that he reviewed de novo the deputy’s decision which found an increase in Williamson’s symptoms of pain. He found that Williamson was experiencing increased pain, as claimed and which was supported by lay testimony. He did not agree, however, that the worsened condition was proximately caused by the original injury in a way not contemplated at the time of the original settlement agreement. We find that lay testimony was considered along with expert testimony by the commissioner. Substantial evidence is present in the record to support the commissioner’s decision. We will broadly and liberally apply the findings of the commissioner in order to uphold, rather than defeat, his decision. Lauhoff Grain Co. v. McIntosh, 395 N.W.2d 834, 841 (Iowa 1986).

IV. District Court’s Review

In determining whether the district court erred in exercising its power of judicial review, we apply the standards of Iowa Code section 17A.19(8) to the agency action to determine whether our conclusions are the same as the district court. E.N.T. Assocs. v. Collentine, 525 N.W.2d 827, 829 (Iowa 1994).

The decision by the district court considers the matter of substantial evidence in detail. It cites five reasons why there has been a failure of proof by Williamson to support an award of additional permanent partial disability benefits. They are:

(1) no change in earning capacity;

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595 N.W.2d 803, 1999 Iowa Sup. LEXIS 146, 1999 WL 410460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-fansteel-iowa-1999.