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BABE v. GREYHOUND LINES3/27/1990
Petitioner James E. Babe was employed as a ticket and baggage agent for respondent Greyhound Lines, Inc. His job required him to lift freight and baggage. Babe first injured his back in January 1979. This injury was incurred while Babe was lifting at work. He was diagnosed as suffering from a lumbar strain, and he was off work for approximately nine days.
In October of 1979, Babe was again off work for five weeks due to back pain following a lifting incident at work. Babe had further back pain in November 1980 following another lifting incident at work, but he missed no work as a result of that incident.
In June 1982, Babe again experienced back pain after lifting at work. He was off work for eight days as a result. Babe experienced back pain after lifting at work on October 26, 1983. Babe was off work [456 NW2d Page 925]
for approximately five weeks following that incident. Babe made claims for worker 's compensation benefits after each work-related incident.
The record reveals Babe slipped and sustained a back injury in his home in November 1982. Babe testified actions such as lifting his children could cause his back to hurt.
Babe's employment was terminated November 30, 1984, when his employer ended its operations in Sioux City. Babe informed his doctor in the spring of 1985 that he developed pain in his back after chopping firewood. A CT scan was performed in December 1985 and his doctor concluded he had a herniated disc and had sustained a five percent total body disability.
Babe brought an action for arbitration/review-reopening seeking permanent partial disability benefits. This action was based on his injuries arising out of the incidents on June 11, 1982, and October 26, 1983. After an administrative hearing, a Deputy Industrial Commissioner found Babe suffered a cumulative injury and this injury caused a significant permanent partial impairment. The deputy awarded Babe permanent partial disability benefits based on a finding of 30% industrial disability.
Greyhound appealed to the Industrial Commissioner. The Commissioner modified the deputy's decision. The Commissioner concluded the cumulative injury rule was not applicable in this action. The Commissioner found the subsequent injuries were an aggravation of a preexisting condition. The Commissioner determined Babe's back injury did not materially change after 1979 and Babe had not proven a "material" aggravation of a preexisting condition. The Commissioner did not award Babe any permanent benefits, but awarded him temporary total disability benefits for the 1982 and 1983 injuries. Babe filed a petition for judicial review. The district court affirmed the commissioner.
Babe appeals the decision of the district court. He argues the Commissioner should have applied the cumulative injury rule. He states the rule should apply even though the injuries he suffered were significant and readily identifiable. Babe also contends there was not substantial evidence to support a finding that his injuries in 1982 and 1983 were not material aggravations of his condition.
I. Scope of Review. Our scope of review in this agency proceeding is governed by the principles summarized in Doerfer Div. of CCA v. Nicol, 359 N.W.2d 428, 432 (Iowa 1984):
A review of the industrial commissioner's decision is governed by Iowa Code section 17A.19. The scope of review is not de novo. The commissioner's findings have the effect of a jury verdict. Those findings are applied broadly and liberally to uphold rather than defeat the commissioner's decision; they are binding on appeal unless a contrary result is demanded as a matter of law. The commissioner's
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