Opinion
No. 5-148 / 04-1159
Filed April 28, 2005
Appeal from the Iowa District Court for Des Moines County, R. David Fahey, Jr., Judge.
An employer appeals from a district court judicial review ruling affirming a decision of the workers' compensation commissioner that found an employee had been permanently and totally disabled by a work-related injury, and awarded the employee benefits. AFFIRMED.
Peter J. Thill and Timothy J. Reichwald of Betty, Neuman McMahon, L.L.P., Davenport, for appellant.
Nicholas Pothitakis of Pothitakis Law Firm, P.C., Burlington, for appellee.
Heard by Mahan, P.J., and Zimmer, J., and Beeghly, S.J.
Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).
Case Corporation (Case) appeals following a district court judicial review ruling that affirmed a decision of the workers' compensation commissioner. The agency decision determined Case employee Jerry Giese had been permanently and totally disabled by a work-related injury, and awarded Giese benefits. We affirm the district court.
I. Background Facts and Proceedings.
Jerry Giese was hired by Case in 1969, as a weldman cleaner. He held this position for approximately one year, before successfully bidding into a welder position. He worked as a welder at Case for approximately the next thirty years.
During his time at Case, Giese was exposed to constant noise from machinery. He began suffering from hearing loss in the mid 1980s, and eventually began to experience tinnitus and depression. Giese retired from Case in September 2000, and began drawing a pension.
In January 2002 Giese filed a petition for workers' compensation benefits. During the September 2002 arbitration hearing, the parties stipulated to an injury date of October 1, 2000, and to compensation on an industrial disability basis. Case, however, continued to dispute Giese's claim that his hearing loss, tinnitus, and depression arose out of an in the course of his employment with Case, and that he was totally and permanently disabled as result of a work injury.
In his October 2002 arbitration decision the deputy workers' compensation commissioner, relying on both expert opinion and Giese's own testimony, found Giese had demonstrated that he suffered permanent hearing loss, tinnitus, and depression as a result of an October 1, 2000, work injury, and that Giese was permanently and totally disabled. Accordingly, the deputy ordered Case to pay Giese permanent total disability benefits.
Case appealed the arbitration decision to the workers' compensation commissioner. The commissioner affirmed and adopted the arbitration decision as final agency action. Case then petitioned the district court for judicial review. Case asserted the agency decision was not supported by substantial evidence, in particular the findings that Giese's tinnitus and/or depression arose out of and in the course of his employment at Case, and that Giese was permanently and totally disabled. The court affirmed the agency decision, concluding that it was supported by substantial evidence. Case appeals.