Court of Appeals Affirms Permanent Total Disability Award
In Hydecker Wheatland Co. v. Bruce, No. 14-0492 (Iowa App. Jan. 14, 2015), the Court of Appeals affirms an award of permanent total disability on substantial evidence grounds. Claimant had suffered electrical burns to his hands, which precluded his employment in the competitive workforce.
The court noted that claimant had come in contact with a live electrical wire, and that the voltage entered his body through his right hand and exited through his left hand. This caused severe burns and nerve damage. Claimant's fingers were amputated and there was removal of additional areas of burned skin to facilitate skin grafting. Following the procedures, numerous ratings of impairment were provided, all of which concluded that claimant had substantial impairment.
Claimant's vocational expert, Kent Jayne, found that claimant was not able to return to his past work as an electrical lineman and concluded that his low test scores on educational achievement "presented a dire vocational impairment." The employer's vocational expert Lana Sellner found that there were a number of jobs claimant could perform. Sellner did not meet with claimant.
At hearing, claimant testified to phantom pain in the joints that were amputated, as well as recurring nightmares about being shocked. Claimant also testified that when he obtained a position through a friend patrolling electrical lines and assessing damage, his nightmares increased. The agency concluded claimant was permanently and totally disabled.
On appeal, the employer argued that claimant sustained only moderate industrial disability. The employer challenged the claimant's contentions regarding phantom pain and PTSD. The court concluded that claimant's complaints were substantiated by the record, and that the commissioner was entitled to consider the toll of electrical burns on claimant's physical abilities, as well as the impact on his psychological functioning. The court also concluded that the agency was entitled to weigh the vocational evidence, and could not reassess the weight provided the agency to Jayne's report. The court also concluded that the conclusion of permanent total disability was supported by substantial evidence.
The court noted that claimant had come in contact with a live electrical wire, and that the voltage entered his body through his right hand and exited through his left hand. This caused severe burns and nerve damage. Claimant's fingers were amputated and there was removal of additional areas of burned skin to facilitate skin grafting. Following the procedures, numerous ratings of impairment were provided, all of which concluded that claimant had substantial impairment.
Claimant's vocational expert, Kent Jayne, found that claimant was not able to return to his past work as an electrical lineman and concluded that his low test scores on educational achievement "presented a dire vocational impairment." The employer's vocational expert Lana Sellner found that there were a number of jobs claimant could perform. Sellner did not meet with claimant.
At hearing, claimant testified to phantom pain in the joints that were amputated, as well as recurring nightmares about being shocked. Claimant also testified that when he obtained a position through a friend patrolling electrical lines and assessing damage, his nightmares increased. The agency concluded claimant was permanently and totally disabled.
On appeal, the employer argued that claimant sustained only moderate industrial disability. The employer challenged the claimant's contentions regarding phantom pain and PTSD. The court concluded that claimant's complaints were substantiated by the record, and that the commissioner was entitled to consider the toll of electrical burns on claimant's physical abilities, as well as the impact on his psychological functioning. The court also concluded that the agency was entitled to weigh the vocational evidence, and could not reassess the weight provided the agency to Jayne's report. The court also concluded that the conclusion of permanent total disability was supported by substantial evidence.
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