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Guarino v. Griffin Pipe Products Co.11/23/2005
Petitioner appeals from the district court's ruling on judicial review affirming the workers' compensation commissioner's decision. AFFIRMED.
Considered by Mahan, P.J., and Hecht and Vaitheswaran, JJ.
Sam Guarino appeals from the district court's ruling on judicial review affirming the workers' compensation commissioner's decision. He contends the commissioner erred in apportioning his workers' compensation benefits. We affirm.
I. Background Facts and Proceedings
The relevant facts of this case are not in dispute. Guarino began working for Griffin Pipe Products, Inc. ("Griffin Pipe") in March of 1989. He has worked in various positions at the company, most recently as cement liner.
Guarino has suffered four injuries while employed at Griffin Pipe. In 1989 he suffered a sprain to his right ankle, resulting in an eight- to ten-percent impairment rating to the right lower extremity. Guarino received no work restrictions as a result of the injury. In 1995 he injured his lower back which necessitated surgery. This injury resulted in an impairment rating of twelve percent of the whole person and a lifting restriction. Guarino was eventually awarded a twenty-five-percent industrial disability for the injury.
On January 16, 1999, Guarino tore his left rotator cuff and again underwent surgery. He was assigned an eight-percent permanent partial impairment rating of the upper left extremity and restricted from working overhead more than occasionally. Under Iowa's full responsibility rule, Guarino was found to have a thirty-five-percent industrial disability. Griffin Pipe was ordered to pay 175 weeks of compensation beginning October 23, 1999. Guarino returned to his position as cement liner with two modifications made to his work station in light of his impairments.
On January 8, 2000, Guarino suffered an injury to his right shoulder. He underwent surgery in March 2000, achieved maximum medical improvement on January 9, 2001, and was given a rating of fifteen-percent permanent partial impairment of the upper right extremity.
The deputy commissioner awarded Guarino an additional seventy-percent industrial disability for the right shoulder injury and gave no credit for the industrial disability paid earlier for the back and left shoulder. Griffin Pipe appealed to the workers' compensation commissioner.
The commissioner found Guarino's 2000 right shoulder injury caused a ten-percent loss of earning capacity in comparison to his condition immediately prior to the injury. The commissioner also determined Guarino's 1999 left shoulder injury caused a ten-percent loss of earning capacity when measured separately. Guarino's back injury resulted in a twenty-five-percent loss of earning capacity. The commissioner found Guarino's overall loss of earning capacity to be forty-five percent after adding together all three injuries.
The commissioner also found that Guarino's 2000 right shoulder injury occurred during the period in which compensation was payable for the 1999 left shoulder injury. Under Iowa Code section 85.36(9)(c) (2001), the commissioner then apportioned Guarino's benefits equally between the 1999 left shoulder injury and the 2000 right shoulder injury. Because the award made in the case of the 1999 injury exceeded Griffin Pipe's liability for that injury in the case at bar, the commissioner credited it toward Griffin Pipe's liability in this case.
Guarino appealed to the district court, arguing the commissioner erred in his method of apportionment. The district court found substantial evidence to support the commissioner's award and affirmed.
II. Scope and St
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