Court of Appeals Affirms Judgment Under Section 86.42

In Mercy Hospital v. Goodner, No. 13-1748 (Iowa App. Oct. 15, 2014), the Court of Appeals address an issue involved section 86.42 of the Code and the interpretation of the commissioner's order.  The order had provided that defendants were to provide permanent total disability benefits from January 18, 2000, except for any periods of time claimant returned to employment.  The question presented was whether claimant was entitled to benefits during periods where she worked partial weeks.  The court finds that she was entitled to TPD benefits during those weeks.

The court begins by noting that under Rethamel v. Havey, 679 N.W.2d 626 (Iowa 2004), the district court is bound to enter a judgment in conformance with the workers' compensation award.   Following an earlier visit to the Court of Appeals, defendants paid no additional benefits.  Claimant filed the 86.42 action following the issuance of the earlier decision, and the district court asked whether the case should be remanded to the agency.  Defendants indicated that the district court could properly decide the case.  The parties reached a stipulation as to the dates claimant actually worked, so that was not in issue.  The district court found that claimant was entitled to partial benefits in any week she had worked less than full time hours.  The court found this was clearly contrary to the commissioner's ruling.

Defendants disputed claimant's contention that the court should construe the award in a manner that was reasonable, arguing that the award must be construed solely upon the legislative policy.  The Court of Appeals agreed that the order could be construed on a reasonable basis.  This is consistent with the code provisions providing for temporary partial disability benefits.  The court concluded that the district court's judgment properly construed the agency decision.