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MidAmerican Energy Company v. Bowlin9/25/2002
MidAmerican Energy Company appeals from the district court's ruling on judicial review affirming a workers' compensation award to Thomas Bowlin. AFFIRMED.
MidAmerican Energy Company appeals from the district court's ruling on judicial review affirming a workers' compensation award to Thomas Bowlin. MidAmerican claims: (1) Bowlin's condition was caused by an April 1995 motor vehicle accident, not subsequent work-related incidents; (2) the workers' compensation commissioner awarded Bowlin excessive benefits; (3) MidAmerican has an indemnity interest in a settlement award Bowlin received after the April 1995 accident; and (4) excess benefits should be credited against MidAmerican's liability for future benefits. We affirm.
I. Background Facts
Bowlin was previously employed by MidAmerican as a line crew foreman. On April 8, 1995, Bowlin was in a motor vehicle accident while driving a company truck. He received a "whiplash-type injury," but did not receive any workers' compensation benefits and shortly thereafter returned to work with no restrictions. He had intermittent back pain, but was able to complete his job duties. Bowlin filed suit against the driver of the other car and subsequently settled the case for $50,000.
On June 30, 1997, Bowlin was climbing out of a hole when he experienced severe back pain. Dr. Daniel McGuire determined Bowlin had severe degenerative disc disease, which was exacerbated by the June 1997 incident. Bowlin had back surgery in September 1997. He returned to work in March 1998 on a modified schedule, where he worked as a line crew foreman for four hours per day, and had restricted duties for four hours per day. In addition, Bowlin was placed on work restrictions regarding the amount he could lift and was told to avoid repetitive twisting and walking on uneven ground.
On April 3, 1998, Bowlin was digging a hole and scooping mud, when he injured his neck. He had surgery on his neck in June 1998. Bowlin was placed on further restrictions regarding the amount he could lift and was told to avoid overhead work and tools that vibrate. Dr. McGuire advised Bowlin not to return to his job as a line crew foreman because of the physical demands of that job. Bowlin bid into the job of storeperson, which caused a reduction in his pay.
II. Proceedings Below
Bowlin filed claims for workers' compensation benefits for the April 1995, June 1997, and April 1998 incidents. After a hearing, a deputy workers' compensation commissioner determined Bowlin was not entitled to an industrial disability rating for the April 1995 injury because he received no permanent injury. The deputy found Bowlin's condition was due entirely to the latter two incidents. The deputy noted:
Dr. McGuire has provided numerous opinions regarding the incident of June 30, 1997. All are consistent, and indicate that although claimant had pre-existing conditions in his back, the incident at work on June 30, 1997 aggravated the condition so that claimant had to undergo extensive medical treatment to be functional.
The deputy reviewed the applicable factors, including Bowlin's age, work history, and education, and concluded Bowlin had a fifty-percent industrial disability due to the June 1997 incident, and an additional twenty-five-percent industrial disability due to the April 1998 incident.
The deputy's decision on these issues was upheld by the chief deputy workers' compensation commissioner. On judicial review, the district court affirmed the commissioner. MidAmerican appeals.
III. Scope of Review
An appeal of a district court's ruling on judicial review of an agency's decisi
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