Angela Harper v. Lensing, LTD, d/b/a Lensing Funeral Home and United Fire & Casualty Company
Angela Harper v. Lensing, LTD, d/b/a Lensing Funeral Home and United Fire & Casualty Company
Opinion
Angela Harper appeals a district court ruling on her petition for judicial review of a determination of the workers' compensation commissioner. She contends the district court erred in failing to remand the case to the commissioner to provide a "logical pathway" outlining the commissioner's industrial-disability determination. 1
I. Background Facts and Proceedings
Harper was employed by Lensing Funeral Home (Lensing) as a funeral home director. She was involved in a motor-vehicle collision on March 23, 2012, while working in the course of her employment with Lensing. Harper was subsequently diagnosed with various conditions by a number of medical professionals. 2 She returned to work in June, part time, generally working four to six hours per day. Harper returned to working full, eight-hour days in October. As a result of one of the medications Harper was taking at this time, she was unable to work the on-call night shift. Although Harper's general duties at Lensing were modified, she worked forty or more hours per week.
Harper continued to work for Lensing on a full-time basis until September 2013, when she suffered a fall while carrying laundry down the stairs in her home. After this fall, Harper did not return to work until October 6, upon which she was placed on light duty. Her restrictions were lifted on November 18. In early 2014, Harper was hospitalized for pneumonia, which was unrelated to the original work injury, and missed more work. Specifically, between late January and early March, Harper missed twenty-four of twenty-seven work days. After recovering, Harper requested reduced hours upon her return to work. Lensing ultimately decided to terminate Harper's employment, citing the fact that Harper had exhausted all of her leave and Lensing's desire to have a full-time employee in her position.
In March 2014, Harper filed a petition with the workers' compensation commissioner alleging she was owed additional benefits. The parties subsequently stipulated the March 2012 injury was a cause of a permanent partial industrial disability, but did not agree as to the amount of benefits Harper was entitled to as a result thereof. Prior to hearing, Lensing voluntarily paid Harper roughly seventeen weeks of permanent-disability benefits. 3 Lensing disputed Harper's entitlement to any benefits beyond that already voluntarily paid, arguing Harper's industrial disability was minimal.
Following an arbitration hearing, the deputy commissioner noted Harper's impairment to the body as a whole amounted to an industrial disability, but concluded Harper was not entitled to any additional permanent-disability benefits beyond what Lensing previously paid. Harper appealed this ruling to the commissioner, who affirmed "the deputy commissioner's finding that [Harper] is not entitled to any additional permanent disability benefits beyond what was voluntarily paid by [Lensing] prior to the arbitration hearing." In his ruling, the commissioner noted his agreement with the deputy commissioner that the causation opinions of two experts, Dr. Robert Jones and Dr. Robert Broghammer were entitled to greater weight than the causation opinions of other medical providers who determined the March 2012 injury caused a more substantial permanent disability. Harper moved for a rehearing, requesting, among other things, a more thorough evaluation of the industrial-disability determination in light of the parties' stipulation Harper sustained a permanent disability. In his rehearing decision, the commissioner clarified that the stipulation that Harper suffered a permanent disability was accepted, but noted Harper's "industrial disability, or loss of earning capacity, did not exceed permanent partial disability benefits already paid." The commissioner also repeated his reliance on the medical opinions of Dr. Jones and Dr. Broghammer.
Harper filed a petition for judicial review. Following a hearing, the district court affirmed the decision of the commissioner and denied Harper's petition, concluding "the agency's decision is sufficient as it is possible to deduce the agency's legal conclusions and findings that [Harper] suffered minimal industrial disability and was not entitled to benefits in addition to those already paid." The court denied Harper's subsequent motion to enlarge or amend, and this appeal followed.
II. Standard of Review
"Judicial review of agency decisions is governed by Iowa Code section 17A.19."
Brakke v. Iowa Dep't of Nat. Res.
,
"Our review of a decision of the workers' compensation commissioner varies depending on the type of error allegedly committed by the commissioner."
Jacobson Transp. Co. v. Harris
,
III. Analysis
Harper contends the agency improperly failed to provide a "logical pathway" outlining its industrial-disability determination and the district court improperly failed to remand the case to the agency to correct the same. Specifically, Harper complains the agency pulled its industrial-disability finding "out of thin air, with no explanation."
The commissioner has a duty to state the evidence relied upon and to detail the reasons for the conclusions reached.
IBP, Inc. v. Al-Gharib
,
In his appeal and rehearing rulings, the commissioner specifically noted his reliance on the expert opinions of Dr. Jones and Dr. Broghammer in reaching his ultimate determination that Harper's industrial disability was minimal, and Harper was therefore not entitled to permanent partial disability benefits beyond those already paid by Lensing. Likewise, the deputy commissioner detailed his reasoning for rejecting the other medical opinions Harper believes should control.
Both doctors' reports detail why each believed Harper's industrial disability was minimal or non-existent and are substantial evidence in support of the commissioner's ultimate conclusion that Harper's industrial disability flowing from the March 2012 collision was minimal.
See
Ludtke
,
AFFIRMED.
This is the only contention for which Harper provides this court with an adequate argument pursuant to Iowa Rule of Appellate Procedure 6.903(2)(g). Harper additionally argues: (1) the court erred in failing to remand the case to require the commissioner to address whether Harper, after her injury, returned to full-time employment or whether she returned to accommodated employment; (2) the failure to remand will deprive her of a meaningful review-reopening proceeding, which in turn violates her right to due process of law; (3) the court erred in affirming the commissioner's decision to not award certain medical expenses; (4) the court erred in affirming the commissioner's denial of healing-period benefits flowing from a subsequent injury and the commissioner's denial of penalty benefits as a result of the alleged wrongful denial of the same.
In support of these contentions, Harper provides her version of the underlying facts and conclusory statements in support of her allegations of error. On each of these issues, however, Harper provides us with very few, and on some issues no, citations to legal authorities to support her position on appeal. Of the citations to legal authority that are actually provided, they are only referenced in passing, without any analysis of such legal authority or how it applies to this case or is otherwise on point. To reach the merits of these issues "would require us to assume a partisan role and undertake the appellant's research and advocacy. This role is one we refuse to assume."
Ingraham v. Dairyland Mut. Ins. Co.
,
At the arbitration hearing, Harper generally testified her symptoms included depression, anxiety, headaches, dizziness, vertigo, vision issues, balance issues, photophobia, and issues with her ability to process information. However, Harper, prior to the March 2012 motor-vehicle collision, received treatment for anxiety, fatigue, depression, dizziness, and headaches.
In the hearing report, the parties stipulated the applicable rate of compensation based on Harper's circumstances was $529.10 per week. The parties additionally stipulated that Lensing, prior to the hearing, paid Harper fifteen weeks of benefits at this rate. The evidence presented, however, shows that in early September 2014, Lensing voluntarily paid Harper $9020.13 in permanent-disability benefits. Applying the stipulated rate of compensation, this would amount to just under 17.05 weeks of benefits which, in turn, amounts to a 3.4% industrial disability.
See
Case-law data current through December 31, 2025. Source: CourtListener bulk data.