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MidAmerican Energy Company v. Bowlin9/25/2002
lt from a previous injury, from a traffic accident back in May of 1995."
In contrast, in the combined workers' compensation proceedings, Bowlin attributed his current neck and back pain to incidents at work in 1997 and early 1998. When asked in the hearing before the workers' compensation commissioner about whether the claim in the demand letter was that all the expenses were related to the 1995 accident, Bowlin agreed. When asked if he still felt that way, he said, "No, I still believe the '97 injury had a lot to do with my back." Bowlin testified that between the 1995 accident and the 1997 incident at work, he continued to have back problems "on and off" which caused him to change the way he did things at home because strenuous activity would cause flare-ups. In a 1997 letter to MidAmerican before the 1997 incident, Bowlin's attorney stated Bowlin continued to receive treatment for chronic back symptoms and that back surgery in the near future was probable.
Our review of workers' compensation proceedings is limited. Iowa Code ยง 17A.19. The agency's findings of fact are binding on us if supported by substantial evidence. IBP, Inc. v. Harpole, 621 N.W.2d 410, 414 (Iowa 2001). Evidence is substantial when a reasonable mind would accept it as adequate to reach the same conclusion. Murillo v. Blackhawk Foundry, 571 N.W.2d 16, 17 (Iowa 1997). Evidence may be substantial even if it would support contrary findings. Myers v. F.C.A. Servs., Inc., 592 N.W.2d 354, 356 (Iowa 1999). The agency-- not the court -- weighs the evidence, and we are obliged to apply those findings broadly and liberally to uphold rather than defeat the agency's decision. Pirelli-Armstrong Tire Co. v. Reynolds, 562 N.W.2d 433, 436 (Iowa 1997). On review, the question is not whether the evidence supports a finding different from the commissioner's but whether the evidence supports the findings the commissioner actually made. Ward v. Iowa Dep't of Transp., 304 N.W.2d 236, 238 (Iowa 1981). In other words, the commissioner's findings are binding on appeal unless a contrary result is compelled as a matter of law. Id.
The evidence in this case supports a finding contrary to that made by the commissioner. It does not, however, rise to the level of compelling a contrary finding as a matter of law. Therefore, I am forced to agree with the majority that substantial evidence supports the agency's findings, so we must affirm.
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