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Iowa Newspapers, Inc. v. Watson

Court of Appeal of Iowa

September 5, 2013

IOWA NEWSPAPERS, INC., and AIG, Plaintiff-Appellants,
v.
MICHELLE L. WATSON, Defendant-Appellee.

Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.

Iowa Newspapers, Inc. and AIG appeal from the district court's affirmance of the workers' compensation commissioner's award of benefits to Michelle Watson.

Timothy A. Clausen and Deena A. Townley of Klass Law Firm, L.L.P., Sioux City, for appellant.

Nathaniel R. Boulton of Hedberg & Boulton, P.C., Des Moines, for appellee.

Considered by Potterfield, P.J., and Mullins and Bower, JJ.

POTTERFIELD, P.J.

Iowa Newspapers, Inc. and AIG appeal from the district court's affirmance of the workers' compensation commissioner's award of benefits to Michelle Watson. They argue the agency erred in finding Watson's injury was related to her employment, the healing period for her injuries had ended with no indication of significant medical improvement, Watson was permanently disabled, and in awarding certain medical expenses.

We affirm, finding the agency's causation, healing period, and medical expense awards are supported by substantial evidence, and the agency's application of the law to the facts regarding the extent of her disability was not irrational, illogical, or wholly unjustifiable. See Coffey v. Mid Seven Transp. Co., 831 N.W.2d 81, 89 (Iowa 2013); Larson Mfg. Co., Inc. v. Thorson, 763 N.W.2d 842, 850–51 (Iowa 2009).

I. Facts and proceedings.

On December 19, 2008, Michelle Watson slipped on ice while traveling to sell advertisements for her employer, Iowa Newspapers, Inc. She fell onto her left side and was injured. Though initially Watson thought her injury was just bruising, she soon realized the injury was worse than she thought. Over time, the injury led to back pain, burning and numbness, headaches, interrupted sleep, and depression. In April 2009, Watson had a lump under her left shoulder blade removed. The lump on her shoulder had been growing for several years. Watson ended her employment with Iowa Newspapers, Inc. in May of 2009 after it became too difficult to work. August 31, 2009, Watson filed a petition for workers' compensation benefits. A hearing on the petition was held September 10, 2010, and a decision was issued in July 2011. The agency carefully considered the conflicting testimony of the many doctors who met with Watson over the period of her injury. It concluded Watson's condition arose out of the December 19, 2008, injury; that her healing period had ended as she was at maximum medical improvement; and that she was permanently and totally disabled.

Iowa Newspapers, Inc. and AIG appealed the decision to the worker's compensation commissioner, claiming the agency erred in finding Watson sustained the impairment due to her work injury, in finding them liable for medical care costs, and in determining the extent and commencement date of disability. The commissioner affirmed and adopted the deputy commissioner's decision without further comment. Iowa Newspapers petitioned for judicial review of the decision. In its opinion, the district court carefully reviewed the record and the differing opinions of the experts. The court concluded substantial evidence supported the agency's award of permanent total disability benefits, as well as medical care, expenses, and costs. Iowa Newspapers, Inc. and AIG appeal from this decision.

II. Analysis.

Iowa Newspapers, Inc. and AIG argue three findings by the agency were improper: that Watson's injury was related to her fall, that her healing period ended, and that she is totally and permanently disabled. They also argue ...


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