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Wal-Mart Stores7/31/2002
otal industrial disability. See McSpadden v. Big Ben Coal Co., 288 N.W.2d 181, 192 (Iowa 1980).
In her appeal decision, the Chief Deputy Workers' Compensation Commissioner made detailed findings of fact on this total disability issue:
[Fulk] is an older worker who has a limited formal education and limited work experience. Claimant has worked in physically demanding positions most, if not all of her adult working life. It is doubtful that claimant can be retrained to work in a job which will afford her any kind of job opportunities, benefits, comparable salary, or stability. Claimant would be unable to return to any of her previous, labor-type jobs as well. Driving equipment on a farm would mandate the same physical requirements as driving a semi-truck. Any office or bookkeeping skills claimant once possessed appear to be so out dated that they are not transferable to today's work place. The medical evidence supports a finding that claimant is unable to return to work as a truck driver, the position she held when she was injured. At least one of the treating physicians, Dr. Thatcher, indicated on July 7, 1999 that claimant should no longer be driving a truck due to her back condition. Objective findings in the record, including a herniated disc, and nerve impingement, and the impairment ratings further support a finding that claimant is permanently and totally disabled.
We must decide if substantial evidence supports these agency findings. Honeywell, 506 N.W.2d at 437. We conclude the commissioner's findings are amply supported and therefore affirm on this issue.
VI. Consideration of Claimant's Age.
Finally, Wal-Mart contends the commissioner erred in refusing to consider Fulk's proximity to retirement as a factor in calculating her benefits. In this regard, it asks us to overrule our supreme court's determination to the contrary in Second Injury Fund v. Nelson, 544 N.W.2d 258, 266 (Iowa 1995). We decline Wal-Mart's request to do so.
AFFIRMED.
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