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Dico3/15/2000
Appeal from the Iowa District Court for Polk County, Robert D. Wilson, Judge.
The petitioners appeal from the district court's ruling on judicial review which affirmed the Industrial Commissioner's award of workers' compensation benefits. AFFIRMED.
* Senior judge assigned by order pursuant to Iowa Code ยง 602.9206 (1999).
The employer and its insurance carrier appeal the decision of the Industrial Commissioner which ordered it to pay sixty percent industrial disability to James Lovell. They claim the Commissioner should have apportioned all or a part of Lovell's disability to a later injury . We affirm on appeal.
Lovell was employed by DICO, Inc., a manufacturer of auto components, from March 1990 until July 1995. Lovell was first injured in July 1993 while cleaning up the plant after the 1993 flood. He slipped and fell while attempting to move some tires . Lovell saw a physician and complained of right knee pain and low back pain after this injury . Stooping and bending at work began to bother him.
A second injury occurred in October 1993, when Lovell slipped, but did not fall, while walking at work. He began to experience more back and knee pain. He began a course of physical therapy. Lovell was placed on restricted duty at work.
Lovell suffered a third injury in September 1994. He was sitting on a picnic bench at work eating his lunch when the bench broke, causing him to fall. Lovell did not suffer any additional loss of range of motion due to this injury. He continued to attend physical therapy.
Dr. David Berg and Dr. Daniel McGuire determined Lovell had degenerative disc disease with spondylosis of the low back with sprain/strain from the work injuries. A licensed physical therapist performed a functional capacity evaluation on Lovell and found him to be capable of only light duty work.
Dr. Thomas Carlstrom provided a second opinion, which indicated Lovell had a five percent whole body permanent impairment. He determined Lovell should have permanent restrictions against lifting more then twenty-five pounds, bending or twisting, or sitting or standing for more than one hour in any one position. Dr. Carlstrom testified Lovell's condition did not completely heal after the first injury . He also testified Lovell's complaints of neck and knee pain were not related to the third injury.
Lovell filed a claim for workers' compensation benefits in September 1994. Lovell has not been employed since the DICO plant closed in July 1995. Until December 1, 1993, DICO was insured by National Union Fire Insurance Company. After that date is was insured by another carrier.
A hearing was held before a deputy Industrial Commissioner. The deputy found:
ll of the disability caused by the total condition is found to be causally connected to the first two injuries. They were at least a significant cause of the total condition.
The injury of September 20, 1994, was not shown to be a cause of any permanent impairment or of any significant disability, loss of work or medical treatment. Claimant simply was permanently injured after the first two DICO injuries and the incident of September 20, 1994 was only a brief, temporary aggravation.
The deputy determined Lovell had suffered a sixty percent loss of his earning capacity as a result of his work injuries in July 1993 and October 1993. The deputy noted the full responsibility rule. The deputy determined all of Lovell's disability should be attributed to the first two injuries.
DICO and National Union (hereinafter DICO) appealed the decision to the Industrial Commissioner. The commissioner also cons
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