Henderson v. Iles

• Decision Date: 07 May 1957
• Docket Number: No. 49195,49195
• Citation: 248 Iowa 847,82 N.W.2d 731
• Parties: Charles HENDERSON, Appellee, v. Charles F. ILES and Harold McKinney, known as Film Transportation Co., Employer, and Iowa Mutual Insurance Company, Insurance Carrier, Appellants.
• Court: Iowa Supreme Court

Page 731

82 N.W.2d 731

248 Iowa 847

Charles HENDERSON, Appellee, v. Charles F. ILES and Harold McKinney, known as Film Transportation Co., Employer, and Iowa Mutual Insurance Company, Insurance Carrier, Appellants.

No. 49195.

Supreme Court of Iowa.

May 7, 1957.

Reed, Beers, Beers & Hughes, Waterloo, for appellants.

Myles J. Kildee, Waterloo, for appellee.

LARSON, Justice.

As a result of a truck accident on June 11, 1954, claimant employee was injured. A memorandum of agreement as to compensation filed June 24 by the defendant employer and insurance carrier was approved by the industrial commissioner June 29, 1954. It stated claimant suffered 'temporary disability, probable duration thereof four to six weeks'; that the nature of the injury was 'torn muscles and tissue of the right shoulder and arm and of the upper back', and that 'the actual daily wage X 300 / 52.60% thereof (was) $28.00 per week.' Defendants agreed therein 'to pay in accordance with the requirements of the Iowa Compensation Act.' The agreement form used further states: 'Agreement as to liability under the provisions of the Workmen's Compensation Law, having been reached, this memorandum thereof is being furnished to the Industrial Commissioner for his consideration, in compliance with the provisions of Sec. 86.13, Code 1946 [I.C.A.].' Acting under this arrangement defendants did pay the physician's fees, hospital bills, and medical expenses to January 3, 1955, and paid claimant compensation at the rate of $28.00 per week for 26 weeks or through December 10, 1954, all of which was duly acknowledged by receipt executed by claimant.

As a result of defendants' refusal to extend further compensation, claimant on March 8, 1955, filed what he called an application for arbitration, which among other claims and admissions stated: 'From the standpoint of his ability to go back to work and earn a living for himself and his family, the injury inflicted by the aforesaid truck accident and the natural consequences flowing therefrom and traceable thereto, his disability is a total disability for he is not able again to do carpenter work, or drive the transportation truck and do the work the company demanded of him prior to the time of the accident.'

Pursuant to due notice, a hearing was had before the deputy industrial commissioner on June 23, 1955, in Waterloo, Iowa. Considerable evidence was introduced which referred solely to the extent and permanency of claimant's injury. In a decision rendered July 8 1955, entitled 'Review Reopening Decision', the deputy industrial commissioner held claimant 'disabled to the extent of 17 1/2% of the body as a whole', and granted him compensation for a total of 107 1/2 weeks less the 26 weeks previously paid him. Defendant payment of certain additional doctor and hospital bills was also ordered.

Dissatisfied with this determination, claimant on July 15, 1955, filed with the commissioner a Petition for Review under section 86.24. No appeal to the district court was taken until after the commissioner on October 1 had issued an opinion stating he had no power to reconsider the matter. However, on November 4, 1955, claimant did appeal to the District Court of Howard County, which over defendants' objections reviewed the proceedings and held that the commissioner erred in not reviewing the decision of his deputy, and that the purported action by the claimant under section 86.14 was proper. It further held the evidence disclosed claimant's permanent total disability and granted relief accordingly.

Defendants appealed assigning three errors, only two of which need be considered here: first, that the court erred in holding that it had jurisdiction of the subject matter and the parties; and second, that the court erred in holding there was not sufficient competent evidence in the record to support the decision of the industrial commissioner.

Defendants contend the action taken by claimant was in truth and in fact a reopening and review under section 86.34; that the hearing by the deputy commissioner, acting for the commissioner, is only appealable to the district court and not reviewable by the commissioner; and that since no appeal was taken within thirty days from the deputy's decision, his finding and decision was final and the district court had no jurisdiction to consider the appeal. They further contend the finding of the deputy commissioner on the extent of disability was a determination of fact based upon substantial evidence and therefore not subject to alteration by the judgment of the district court. We agree with all these contentions.

I. Any party aggrieved by any decision or order of the industrial commissioner may, within thirty days from the date such decision or order is filed, appeal to the district court of the county in which the injury occurred, by complying with the terms of section 86.26, Code of Iowa, 1954, I.C.A. It must be conceded that if the hearing before the deputy commissioner on June 23, 1955, was not subject to review by the commissioner, the appeal to the district court on November 4, 1955, was too late, for much more than thirty days had elapsed since the decision in that matter was filed on July 8, 1955.

There are but two ways provided in the Workmen's Compensation Law for a claimant to proceed to secure compensation. A memorandum of agreement in regard to compensation must be filed with the commissioner, section 86.13, or the claimant must file with the commissioner a petition and copy thereof, stating therein his or her claims in general terms and asking that a board of arbitration be formed, section 86.14. See Otis v. Parrott, 233 Iowa 1039, 1044, 8 N.W.2d 708. It is undisputed such a memorandum of agreement in regard to compensation was filed in the matter before us and that it was approved and compensation was paid thereunder. It is true the exact extent of the disability or the term of payments was not then determined, but in such cases seldom can they be finally concluded immediately after an accident. Usually such determination should abide the claimant's recovery or a subsequent discovery of the true nature an extent of the disability. Under the agreement filed herein, the compensation approved was for temporary disability not to exceed the period provided by the statute. Under section 86.34 it was subject to commissioner review, having been at least partially executed. See 13 Iowa Law Review 110; Sauter v. Cedar Rapids & I. C. Ry., 204 Iowa 394, 214 N.W. 707.

Section 86.34 provides:

'Any award for payments or agreement for settlement made under this chapter where the amount has not been commuted, may be reviewed by the industrial commissioner or a deputy commissioner at the request of the employer or of the employee at any time within three years from the date of the last payment of compensation made under such award or agreement, and if on such review the commissioner finds the condition of the employee warrants such action, he may end, diminish, or increase the compensation so awarded or agreed upon. Any party aggrieved by any decision or order of the industrial commissioner or a deputy commissioner on a review of award or settlement as provided in this section, may appeal to the district court of the county in which the injury occurred and in the same manner as is provided in section 86.26.'

This view has support in our decision in Secrest v. Galloway Co., 239 Iowa 168, at 174, 30 N.W.2d 793, 797, where we said:

'An examination of Section 1457 [now 86.34], and its history, shows that the law has given the Commissioner capacity to entertain an application for a review. It is not the commencement of a new proceedings but rather a continuation of one already pending.' (Emphasis supplied.)

Claimant Henderson's case was pending before the commissioner prior to the filing of his petition of March 8, and further proceedings under section 86.34 were not only indicated but required. Bever v. Collins, 242 Iowa 1192, 49 N.W.2d 877. Previously the employer had admitted the relationship, the injury, and that it was received in the course of claimant's employment. Liability was accepted and the amount per week settled. The only question remaining was the then undeterminable extent thereof. See Sheker v. Quealy, 232 Iowa 429, 4 N.W.2d 250. For a period of three years from the date of the last payment made under the award or agreement, capacity remained in the commissioner to review and establish this fact as the passage of time revealed the true nature of the injury. The law provides a speedy review of this single determination by the district court. Nothing could appear more fair to the claimant nor more in harmony with the spirit of the Compensation Law, which contemplates an uncomplicated and prompt method of providing complete and speedy benefits to the injured party. Tischer v. Council Bluffs, 231 Iowa 1134, 1147, 3 N.W.2d 166. Neither party, employer or employee, should be able to delay and harass the other with unnecessary or useless procedure. The proceedings are and are intended to be simple and informal. Fischer v. W. F. Priebe & Co., 178 Iowa 512, 514, 160 N.W. 48.

We are satisfied the agreement filed herein was pursuant to and within the spirit and intention of section 86.13, Code of Iowa, I.C.A. The effect of such a memorandum was considered by us in Spurgeon v. Iowa & Missouri Granite Works, 196 Iowa 1268, at page 1272, 194 N.W. 286, 287, where we said:

'In practice it is found that there are many injuries which affect the earning capacity, but the extent cannot be determined for a considerable time after the injury. To wait until the exact effect is determined before beginning to pay weekly compensation would destroy the intent of the law. Therefore agreements are made to pay the weekly compensation awaiting subsequent developments to determine the time during which the weekly payments must continue. This is the common practice, and the agreement in ...