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FRYE v. SMITH-DOYLE CONTRACTORS6/26/1997
On May 3, 1993, Robert Frye jumped to his death from a bridge into the Des Moines River. He was survived by his wife Rebecca and two minor children. The record reveals Robert had a long history of depression and substance abuse. Further, he had been incarcerated about half the time since his graduation from high school. He had a very limited work history. Prior to receiving workers' compensation benefits, his annual income was never more than a few hundred dollars per year.
On September 24, 1990, Robert suffered an injury to his back while at work at appellee Smith-Doyle Contractors. The record reveals he was stepping out of a trailer when the incident occurred. He was treated and diagnosed with herniated lumbar discs. He underwent surgery with little success. Subsequently, Robert was seen by a number of physicians and underwent a series of treatments which included prescription medications and physical therapy. He was awarded workers' compensation and was paid a total of 78.571 weeks of industrial disability benefits, an amount equivalent to a 15.714 percent industrial disability to the body as a whole. These benefits ceased in January 1993.
At the time of Robert's death, the workers' compensation proceedings were yet pending. After his death, Rebecca Frye, Robert's spouse, amended Robert's pending claim for additional workers' compensation benefits to also seek death benefits. After a hearing, a deputy industrial commissioner awarded permanent disability benefits. The deputy also awarded death benefits, concluding Robert's lack of recovery from his work injury aggravated his pre-existing depressive tendencies and caused his suicide.
Smith-Doyle appealed to the industrial commissioner. The commissioner confirmed the award of permanent disability benefits but reversed the award of death benefits, finding Rebecca failed to show Robert's work injury was a substantial factor that aggravated his depression and caused his suicide.
Rebecca sought judicial review in the district court. The court affirmed the commissioner's decision. It concluded the commissioner had applied the correct legal standard and substantial evidence supported the commissioner's decision. Rebecca now appeals.
Judicial review of the actions of an administrative agency is governed by the standards of Iowa Code section 17A.19(8). Robbennolt v. Snap-On Tools Corp., 555 N.W.2d 229, 233 (Iowa 1996). The court acts in an appellate capacity by reviewing the agency's decision solely to correct any errors of law. Id. We do not exercise de novo review. Terwilliger v. Snap-On Tools Corp., 529 N.W.2d 267, 271 (Iowa 1995).
The findings of the industrial commissioner are akin to a jury verdict, and we broadly apply them to uphold the commissioner's decision. Second Injury Fund v. Shank, 516 N.W.2d 808, 812 (Iowa 1994). We will reverse an agency's findings only if, after reviewing the record as a whole, we determine substantial evidence does not support them. Terwilliger, 529 N.W.2d at 271.
Substantial evidence is not absent simply because it is possible to draw different conclusions from the same evidence. Riley v. Oscar Mayer Foods Corp., 532 N.W.2d 489, 491 (Iowa App. 1995). Our focus is whether the evidence is sufficient to support the decision made, not whether it is sufficient to support the decision not made. Id. A reviewing court may interfere with the agency's findings only if the evidence is uncontradicted [569 NW2d Page 156]
and reasonable minds could not draw different inferences. Id.
In Kostelac v. Feldman's Inc., 497 N.W.2d 853 (Iowa 1993), our supreme court determined under what standards suicide will trigger survivors' benefit
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