Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gits Manufacturing Co. v. Frank

Supreme Court of Iowa

October 17, 2014

GITS MANUFACTURING COMPANY and ST. PAUL TRAVELERS INSURANCE COMPANY, Appellants,
v.
DEBORAH FRANK, Appellee

On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge. An employee seeks further review of a court of appeals decision reversing her award of benefits by the Iowa Workers' Compensation Commission.

William D. Scherle and Jay D. Grimes (until withdrawal) of Hansen, McClintock & Riley, Des Moines, for appellants.

D. Brian Scieszinski of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee.

OPINION

Page 196

WIGGINS, Justice.

An employer and its insurance carrier sought judicial review of an Iowa Workers' Compensation Commission decision finding an employee totally and permanently disabled under the odd-lot doctrine and denying them certain credits for disability payments previously received by the employee from other sources. The district court affirmed, finding the employee is totally and permanently disabled under the odd-lot doctrine, but reversed on the issue of credits claimed by the employer and its insurer. Both parties appealed. The court of appeals reversed the judgment of the district court, holding substantial evidence did not support the finding the employee is totally and permanently disabled under the odd-lot doctrine, and the worker's compensation commission was correct in its decision concerning the credits. The employee sought further review, which we granted.

On further review, we find substantial evidence supports the commission's finding that the employee is totally and permanently disabled under the odd-lot doctrine. In our discretion, we let the court of appeals decision regarding the employer's credit for benefits received by the employee from other sources stand as the final decision. Consequently, we affirm the judgment of the district court finding substantial evidence supported the commission's findings that the employee is totally and permanently disabled. We reverse the district court's judgment regarding the issues concerning the credit due the employer for disability benefits received by the employee from other sources. Therefore, we remand the case to the district court to enter a judgment affirming the decision of the workers' compensation commission's decision.

I. Prior Proceedings.

Deborah Frank filed a workers' compensation claim against her employer, Gits Manufacturing Company, and its insurer, St. Paul Travelers Insurance Company. For the sake of brevity, we will refer to the employer and its insurer as " Gits." The workers' compensation commission found Frank to be totally and permanently disabled under the odd-lot doctrine. The commission denied Gits a credit for social security benefits and long-term disability benefits received by Frank, and awarded penalty benefits against Gits. Gits asked for judicial review.

On judicial review, the district court affirmed the commission's finding that Frank is totally and permanently disabled and the award of penalty benefits. The district court reversed the commission on the credit issue and remanded the case to the commission.

Page 197

Both parties appealed. We transferred the case to our court of appeals. Gits did not appeal the award of penalty benefits. The court of appeals reversed the district court's determination that substantial evidence supported the agency's award of permanent total benefits. The court of appeals concluded Gits did not preserve error on its claim Frank failed to offer adequate evidence of the amount of money she repaid to the long-term disability carrier because of social security benefits. It also concluded Gits did not preserve error on the issue of the amount of credit it was entitled to for the benefits paid to Frank. Thus, the court of appeals reversed the district court's determination on those benefits and any credit due Gits and affirmed the commission's decision on these issues. However, because the court of appeals reversed the district court's determination that substantial evidence supports the agency's award of permanent total benefits, it remanded the case to the district court to remand the case back to the workers' compensation commission to determine Frank's disability on the existing record.

II. Issue.

When we decide a case on further review, " we have the discretion to review all or some of the issues raised on appeal or in the application for further review." State v. Clay, 824 N.W.2d 488, 494 (Iowa 2012). In exercising this discretion, we choose only to review the substantial evidence issue. Accordingly, the court of appeals decision will be the final ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.