Opinion
No. 2-1009 / 02-0812
Filed January 15, 2003
Appeal from the Iowa District Court for Scott County, James E. Kelley, Judge.
Appellant challenges the calculation of his weekly earnings under Iowa Code section 85.36 (1999). AFFIRMED.
Thomas Currie of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellant.
Peter Thill of Betty, Neuman McMahon, L.L.P., Davenport, for appellees.
Considered by Sackett, C.J., and Miller and Eisenhauer, JJ.
The sole issue in this appeal is whether or not the calculation of appellant's weekly earnings made by the Workers' Compensation Commissioner and affirmed on judicial review is correct. We affirm.
Appellant worked for Ringland-Johnson, Inc. for nine weeks in April through June 1993 before being laid off. After being rehired in October 1993, he worked nine days over a two-week period before being injured. The Commissioner, based on Iowa Code section 85.36(7) (1999), divided appellant's earnings from the two-week period by two to calculate his weekly earnings. Appellant sought judicial review.
The district court determined substantial evidence supported the Commissioner's decision. The court found no error of law. Based on its review of agency precedent, as applied by the Commissioner, the court could not "say that the agency's decision or action was the product of any reasoning illogical or irrational. It is based upon a logical, rational application of the statute . . . to this case and to the facts in this case."
Our review is for correction of errors of law, not de novo. Gilbert v. USF Holland, Inc., 637 N.W.2d 194, 198 (Iowa 2001). Our review is limited to determining whether the district court correctly applied the law in exercising its judicial review function. Id. We give deference to an agency's interpretation of statutes governing its area of expertise, but its interpretations of law are not conclusive. Area Educ. Agency 7 v. Bauch, 646 N.W.2d 398, 400 (Iowa 2002).
Our supreme court has held the Commissioner did not err in adopting "an averaging test in interpreting and applying Iowa Code sections 85.36(6) and (7)." Hanigan v. Hedstrom Concrete Prods., Inc., 524 N.W.2d 158, 160 (Iowa 1994). Our conclusions are the same as those of the district court. Accordingly, we affirm.