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Nguyen v. IBP2/28/2001
Appeal from the Iowa District Court for Woodbury County, Richard Vipond, Judge.
Employer appeals from a district court ruling on judicial review of an agency decision in a worker's compensation contested case proceeding. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
Hong Anh Nguyen filed an Iowa worker's compensation claim on January 16, 1996, alleging he sustained a cumulative injury on February 16, 1994. The Iowa Industrial Commissioner determined Nguyen's date of injury was October 28, 1992, and dismissed the contested case proceeding because it was not filed within the time allowed by the statute of limitations. Nguyen sought judicial review in the district court. In its "Ruling on Petition for Judicial Review," the district court reversed the agency decision. The employer, IBP, Inc. ("IBP"), appealed the district court's ruling. We affirm the district court's ruling in part, reverse it in part, and remand this case to the agency for further proceedings consistent with this opinion.
I. Factual Background and Proceedings.
Nguyen worked as a production worker for IBP in Dakota City, Nebraska, from June of 1986 until the spring of 1996. He made claims for worker's compensation benefits in both Nebraska and Iowa alleging a cumulative injury to his right arm and shoulder stemming from his employment with IBP.
A. The Medical Evidence.
Nguyen was treated for right shoulder discomfort in June of 1992. Dr. Ray Sherman, his treating orthopedist, administered an injection, ordered physical therapy, prescribed oral medications, and permitted Nguyen to return to his "trim job " at IBP. In December of 1992, Dr. Sherman found no loss of range of motion, weakness, or muscle wasting and described the condition as "ongoing tendonitis." Nguyen was briefly restricted to light duty work, but Dr. Sherman found the tendonitis to be "resolving" in January of 1993, and Nguyen returned to full duty at that time. The doctor's progress notes pertaining to three subsequent examinations during 1993 document additional conservative medical care for "mild ongoing problems" and "mild discomfort" in the right shoulder. The uncontroverted evidence demonstrates Nguyen was engaged in full duty and missed no work during 1993 due to the shoulder condition.
On January 28, 1994, Nguyen again consulted Dr. Sherman for shoulder discomfort. The doctor's progress note for the examination on that date indicates claimant was experiencing "another exacerbation of pain in the right shoulder." An MRI film documented tendonitis and a degenerative cyst at the insertion of the rotator cuff. Dr. Sherman imposed work restrictions on Nguyen and observed that " t's time that we look into this a little bit further." On February 7, 1994, the doctor found Nguyen was "unable to lift his arm . . . overhead today." Dr. Sherman restricted Nguyen to one-hand work duty and recommended a surgical procedure to decompress the cyst and reattach the rotator cuff. Nguyen missed no work as a result of the shoulder condition until he underwent surgery later that month.
B. Nebraska Claim.
On January 26, 1995, Nguyen filed an action in the Nebraska Workers' Compensation Court claiming that on or about October 28, 1992, he sustained cumulative trauma injuries to his right upper extremity, right shoulder, and neck while working for IBP. On July 6, 1995, the parties presented a stipulation at a hearing on the Nebraska claim. The agreement identified October 28, 1992, as the date of injury under Nebraska law, established a weekly rate, and set the period of temporary total disability from February 23, 1994, to March 22, 1994. The agreement further confirmed IBP had
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