John Deere Dubuque Works of Deere & Co. v. Weyant

• Decision Date: 14 June 1989
• Docket Number: No. 88-1353,88-1353
• Citation: 442 N.W.2d 101
• Parties: JOHN DEERE DUBUQUE WORKS OF DEERE & COMPANY, Appellant, v. Russel F. WEYANT, Appellee.
• Court: Iowa Supreme Court

Page 101

442 N.W.2d 101

JOHN DEERE DUBUQUE WORKS OF DEERE & COMPANY, Appellant, v. Russel F. WEYANT, Appellee.

No. 88-1353.

Supreme Court of Iowa.

June 14, 1989.

Leo A. McCarthy and Jane C. Mylrea of Reynolds & Kenline, Dubuque, for appellant.

Michael J. Coyle, Norman J. Wangberg and David A. Lemanski of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, SNELL and ANDREASEN, JJ.

ANDREASEN, Justice.

This appeal concerns compensation for occupational hearing loss under Iowa's workers' compensation laws. In dispute is the proper determination of the date of occurrence of injury under Iowa Code section 85B.8 (1987).

I. Russel F. Weyant began working for the John Deere Dubuque Works of Deere & Company (Deere) on January 27, 1959. He remained employed by Deere until his retirement on September 1, 1983. During his employment with Deere, Weyant had been exposed to noise levels measured as high as 91 decibels (dBA) and held more than forty positions in the plant. The last position Weyant held was that of stores and tool crib attendant, which he held from November 15, 1982 until his retirement. While working as a tool crib attendant, Weyant was exposed to noise levels averaging 73 dBA. Prior to being assigned the tool crib position, Weyant had worked as a foundry inspector since December 17, 1979. As a foundry inspector, Weyant was exposed to noise levels of 89 dBA.

On September 3, 1985, Weyant filed for worker's compensation benefits based on occupational hearing loss. Because September 1, 1985 fell on Labor Day weekend, the September 3, 1985 filing was within the two-year statute of limitations. The deputy industrial commissioner awarded permanent partial disability benefits equal to 38.325 weeks of compensation at the rate of $283.76 per week. On appeal to the industrial commissioner, the commissioner awarded Weyant 55.3 weeks of occupational hearing loss benefits at the rate of $283.76 per week.

Deere sought judicial review of this award. Deere made two challenges to the award. The first challenge dealt with the application of Iowa Code section 85B.8 (1987) which defines the "date of occurrence" of a hearing loss injury. Specifically, Deere argues that it was error for the commissioner to consider Weyant's date of retirement as the date of occurrence of the injury. Rather, Deere argues that the date of occurrence should be November 15, 1982, when Weyant was transferred to a position as tool crib attendant. If the date of occurrence was November 15, 1982, Deere argues that Weyant would not be entitled to benefits because he did not file within the two-year statute of limitations. Deere also contends that the commissioner erred by using the June 10, 1985 audiogram instead of an audiogram done on September 28, 1982. The district court affirmed the commissioner's award.

On appeal, we address the application of Iowa Code section 85B.8. First, we determine whether any of the four events listed in Section 85B.8 can be the date of occurrence or whether the first of the events to occur should be the date of occurrence. Next, we consider the substance of what constitutes a "transfer" to a quiet area. Finally, we review the specific award by the industrial commissioner.

II. The Iowa Administrative Procedure Act governs judicial review of final agency actions. Iowa Code § 17A.19 (1987). Our appellate review is limited to the correction of errors at law made by the district court. See Polk County v. Iowa Natural Resources Council, 377 N.W.2d 236, 239 (Iowa 1985). In determining whether the law has been correctly applied, we give weight to the agency's construction of the statute although we are not bound thereby. See John Deere Dubuque Works v. Meyers, 410 N.W.2d 255, 257 (Iowa 1987).

III. The "date of occurrence" which is applicable to claims brought under the occupational hearing loss statute is defined at Iowa Code section 85B.8. That section provides:

A claim for occupational hearing loss due to excessive noise levels may be filed six months after separation from the employment in which the employee was exposed to excessive noise levels. The date of the injury shall be the date of occurrence of any one of the following events:

1. Transfer from excessive noise level employment by an employer.

2. Retirement.

3. Termination of the employer-employee relationship.

The date of injury for a layoff which continues for a period longer than one year shall be six months after the date of the layoff. However, the date of the injury for any loss of hearing incurred prior to January 1, 1981 shall not be earlier than the occurrence of any one of the above events.

Id.

When interpreting a statute, our ultimate goal is to ascertain and give effect to the intention of the legislature. See Kohrt v. Yetter, 344 N.W.2d 245, 246 (Iowa 1984). We seek a reasonable interpretation that will best effect the purpose of the statute and avoid an absurd result. Harden v. State, 434 N.W.2d 881, 884 (Iowa 1989). We consider all portions of the statute together, without attributing undue importance to any single or isolated portion. Id. When two interpretations of a limitations statute are possible, the one giving the longer period to a litigant seeking relief is to be preferred and applied. Meyers, 410 N.W.2d at 257.

Deere argues that the first event to occur triggers the claim-filing period for occupational hearing loss. The district court held that any of the possible dates of occurrence are appropriate without regard to which occurred first. We disagree with the district court and hold that the first of the events described in section 85B.8 to occur triggers the claim-filing period.

Our holding is consistent with the plain meaning of Iowa Code sections 85.26 and 85B.8, which establish a two-year statute of limitations for workers compensation benefits in occupational hearing loss cases. Section 85B.8 sets forth four events which may constitute the "date of occurrence of the injury" and provides that "any" of these events will trigger the two year statute of limitations. The Industrial Commission has previously faced this issue, although this issue has not been considered on review. In In Re Declaratory Ruling of John Deere Dubuque Works of Deere & Co., III, Iowa Industrial Commissioner Report 147 (February 17, 1983), a deputy industrial commissioner held that the earliest of the events listed in section 85B.8 to occur would trigger the statute of limitations. While this opinion has no binding effect on this court, we find the deputy commissioner's reasoning to be persuasive.

The district court's interpretation of section 85B.8 is contrary to legislative intent and would allow unreasonable results in certain circumstances. We recognize that the worker's compensation statutes should be interpreted broadly in furtherance of their humane objectives. Meyers, 410 N.W.2d at 257. The legislature enacted the Occupational Hearing Loss Act to make it easier for a claimant to prove the compensability of hearing loss attributable to prolonged exposure to noise at work. Muscatine County v. Morrison, 409 N.W.2d 685, 687 (Iowa 1987). However, our analysis cannot stop at that point. The existence of a statute of limitations manifests an intention to set a limit to the period within...