William Joseph Reinsbach v. Great Lakes Cooperative and Nationwide Agribusiness

IN THE COURT OF APPEALS OF IOWA
No. 20-1097
Filed September 22, 2021
WILLIAM JOSEPH REINSBACH,
Plaintiff-Appellant,
vs.
GREAT LAKES COOPERATIVE and NATIONWIDE AGRIBUSINESS,
Defendants-Appellees.
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Appeal from the Iowa District Court for Polk County, Robert B. Hanson,
Judge.
William Reinsbach appeals from a district court order enforcing a decision
of the Iowa Workers’ Compensation Commissioner. AFFIRMED.
Mark S. Soldat of Mark S. Soldat, PLC, West Des Moines, for appellant.
Jeffrey W. Lanz of Huber, Book, Lanz, & McConkey PLLC, West Des
Moines, for appellees.
Heard by Bower, C.J., and Vaitheswaran and Schumacher, JJ.
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BOWER, Chief Judge.
William Reinsbach appeals from a district court judgment entered pursuant
to Iowa Code section 86.42 (2019) to enforce a decision of the Iowa Workers’
Compensation Commissioner. Reinsbach contends the district court went beyond
construing the commissioner’s ruling and improperly modified the ruling. Finding
no error of law, we affirm.
I. Background Facts and Proceedings.
This court summarized the background facts in a prior appeal:
William Reinsbach sustained an injury to his lower back
arising out of and in the scope of his employment on April 15, 2005.
Conservative care was given, but on May 1, 2006, while in physical
therapy for this work injury, Reinsbach sustained an additional injury.
Reinsbach’s workers’ compensation claim based on the 2005 injury
was settled through an agreement for settlement, approved by the
commissioner on February 14, 2008, setting his permanent partial
disability rate at [fifteen percent] body as a whole and noting
Reinsbach would be entitled to future medical care for the injury.
When Reinsbach’s pain continued, he filed a review-reopening
petition, and he eventually underwent three back surgeries with a
fourth surgery recommended as of the date of the review-reopening
hearing on January 18, 2012.
The deputy workers’ compensation commissioner issued his
decision in the review-reopening case on February 29, 2012,
concluding Reinsbach proved his condition had deteriorated since
the settlement and his ongoing treatment was causally related to his
work injury. The decision also ordered Great Lakes Cooperative and
Nationwide Agribusiness Insurance (employer) to pay for the medical
bills Reinsbach had incurred to that point. The issue of the extent of
Reinsbach’s entitlement to temporary and permanent disability
benefits was bifurcated for a later determination in light of his ongoing
treatment. The deputy’s decision was appealed within the agency,
and another deputy, sitting by designation of the commissioner, [on
May 13, 2013,] affirmed the initial ruling and specifically ordered the
employer to pay the costs of the action, which included the expense
of two independent medical examinations (IMEs) by Dr. Kuhnlein.
The employer filed a petition for [judicial] review, challenging
the substantial evidence to support the agency’s determination that
Reinsbach’s current condition was causally related to his work injury
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and challenging the agency’s assessment of the cost of the IMEs as
hearing costs under Iowa Administrative Code rule 876-4.33(6).
Reinsbach v. Great Lakes Coop., No. 14-0467, 2015 WL 4158767, at *1 (Iowa Ct.
App. July 9, 2015).
On appeal, we upheld the finding Reinsbach’s current condition was
causally related to his work injury, but reversed the portion of the district court’s
decision affirming the assessment of the costs of IMEs to the employer. Id. at *1–
2. We remanded with directions that the agency determine what portion of the
costs of Dr. Kunlein’s IMEs was associated with the preparation of the written
report. Id.On October 18, 2019, Reinsbach filed with the district court a request for
entry of judgment to enforce the commissioner’s May 3, 2013 ruling, which stated
in relevant part:
Claimant asserts that although the hearing deputy found the
requested medical expenses causally related to the original injury
and awarded them, he failed to address the issue of authorization
and whether or not unauthorized care was helpful to claimant.
Claimant raises this issue only to anticipate such an issue on appeal.
First, as claimant admits, defendants essentially ended their medical
treatment of claimant after the last payment of fees to Dr. Fiala in
early 2009. They have not paid for or authorized any other care since
that time and have denied responsibility for claimant’s condition after
they ended care. Consequently, the issue of authorization is moot.
Due to defendants’ denial of liability for the condition and withdrawal
of authorization for care, they lost the right to choose the medical
care for this condition. . . .
The deputy found that the expenses he awarded were for
reasonable and necessary treatment of the April 15, 2005 work
injury. I agree. Such a finding is sufficient to award the expenses
without a specific finding that the care was beneficial. . . .
Claimant complains that the hearing deputy did not issue a
specific award of medical expenses, despite asking that claimant
re-submit his request for medical expenses showing the specific
amounts paid by him and others. I agree that the hearing deputy did
not do so. A specific award will be issued in this appeal decision.
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Claimant is entitled to an order of reimbursement if he has paid those
expenses. Otherwise, claimant is entitled only to an order directing
the responsible defendants to make such payments directly to the
provider. . . .
Claimant complains that the hearing deputy did not address
the issue of alternate care. I agree the hearing deputy did not do so.
However, by sustaining the finding the medical expenses to date are
reasonable and necessary treatment of the work injury, it follows that
since claimant has not completed that treatment that claimant is still
in need of reasonable and necessary treatment. Continued
treatment by David H. Strothman, M.D., and the Institute for Low
Back and Neck Care shall be awarded in this decision.
ORDER
The following is ordered in addition to the orders contained in
the review reopening decision of February 29, 2012:
1. Defendants shall reimburse claimant in the amount of
seven thousand five hundred eleven and 53/100 dollars ($7,511.53)
for his transportation expenses and eight thousand six hundred
ninety-nine and 62/100 dollars ($8,699.62) for his out-of-pocket
medical expenses. Defendants shall reimburse claimant’s attorney
the sum of three hundred dollars ($300.00) for his advancement of
medical expenses. Defendants shall pay providers directly or hold
claimant harmless from the remainder of the requested medical
expenses of two hundred sixty-five thousand one hundred forty-one
and 45/100 dollars ($265,141.45), including one thousand eight
hundred eighty-eight and 80/100 dollars ($1,888.80) or any other any
unpaid charges by Siouxland Surgery Center and seven hundred
dollars ($700.00) and any other remaining charges by Dr. Fiala.
2. Defendants shall provide to claimant all future care and
treatment modalities for his back condition recommended by David
H. Strothman, M.D., and the Institute for Low Back and Neck Care.
Reinsbach submitted a proposed judgment, which states, in part:
THEREFORE, IT IS ORDERED, ADJU[D]GED, AND
DECREED that the respondents shall provide William J. Reinsbach
all future care and treatment modalities for his back recommended
by David H. Strothman and the Institute for Low Back and Neck Care.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED
that Great Lakes Cooperative and Nationwide Agribusiness, jointly
and severally, shall authorize and pay for all future care and
treatment modalities so recommended.
The employer argued entry of judgment was not appropriate because “the
monetary portion of the award has been satisfied” but, in the event the court did
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enter judgment for future medical treatment, the court “should construe the
commissioner’s decision in accordance with Iowa Code section 85.27, and order[ ]
Respondents to provide all causally related, reasonable, and necessary care for
Petitioner’s 04/15/2005 work-related back condition.”
On August 4, 2020, the district court entered judgment “pursuant to Iowa
Code section 86.42 as follows”:
THEREFORE, IT IS ORDERED, ADJUDGED, AND
DECREED that, subject to the provisions of Iowa Code chapter 85,
the Respondents shall provide Petitioner William J. Reinsbach all
reasonable and necessary future care and treatment modalities for
his back condition recommended by David H. Strothman, M.D., and
the Institute for Low Back and Neck Care.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED
that Respondents Great Lakes Cooperative and Nationwide
Agribusiness, jointly and severally, shall authorize and pay for all said
reasonable and necessary future care and treatment modalities so
recommended.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED
that the court costs of these Iowa Code Section 86.42 proceedings
are taxed against the Respondents.
Reinsbach appeals.
II. Standard of Review
We review the permissible scope of a district court judgment under Iowa
Code section 86.42 for errors of law. See Rethamel v. Havey, 679 N.W.2d 626,
628 (Iowa 2004) (Rethamel I).
III. Discussion.
Workers’ compensation is “purely statutory.” Downs v. A & H Constr. Ltd.,
481 N.W.2d 520, 527 (Iowa 1992). In reviewing workers’ compensation claims,
we are cognizant of “the underlying purpose of the workers’ compensation
statute—‘to benefit workers and their dependents insofar as the statute permits.’”
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Heartland Specialty Foods v. Johnson, 731 N.W.2d 397, 402 (Iowa Ct. App. 2007)
(citation omitted).
Workers’ compensation benefit determinations by the commissioner may
be enforced via Iowa Code section 86.42, which provides:
Any party in interest may present a file-stamped copy of an order or
decision of the [workers’ compensation] commissioner, . . . and all
papers in connection therewith, to the district court where judicial
review of the agency action may be commenced. The court shall
render a decree or judgment and cause the clerk to notify the parties.
The decree or judgment . . . has the same effect and in all
proceedings in relation thereto is the same as though rendered in a
suit duly heard and determined by the court.
In Rethamel I, our supreme court observed “a district court is bound to enter
judgment in conformance with the workers’ compensation award.” 679 N.W.2d at
628. Quoting a legal encyclopedia, the court stated, “The court has no power to
change the award, it cannot review, or reverse or modify the award, or construe
the statute. In rendering judgment thereon the court can construe the award.” Id.(citation omitted). In that case, the supreme court concluded the district court had
erred in taking additional evidence and expanding on the commissioner’s award.
Id. at 629.
The Rethamel case returned to the supreme court on the employer’s appeal
following remand, and the court again explored section 86.42 and the district’s
authority under that section. Rethamel v. Havey, 715 N.W.2d 263 (Iowa 2006)
(Rethamel II).
The district court’s role at the time of entry of judgment is
limited to “construing” the commissioner’s decision. According to
Black’s Law Dictionary, “construe” means “[t]o analyze and explain
the meaning of (a sentence or passage).” Therefore, the district
court’s role in entry of judgment is limited to analyzing and explaining
the meaning of the commissioner’s written award decision.
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Id. at 266 (citations omitted).
Reinsbach contends the district court erred in entering judgment, objecting
to phrases italicized here:
THEREFORE, IT IS ORDERED, ADJUDGED, AND
DECREED that, subject to the provisions of Iowa Code chapter 85,
the Respondents shall provide Petitioner William J. Reinsbach all
reasonable and necessary future care and treatment modalities for
his back condition recommended by David H. Strothman, M.D., and
the Institute for Low Back and Neck Care.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED
that Respondents Great Lakes Cooperative and Nationwide
Agribusiness, jointly and severally, shall authorize and pay for all said
reasonable and necessary future care and treatment modalities so
recommended.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED
that the court costs of these Iowa Code Section 86.42 proceedings
are taxed against the Respondents.
Reinsbach contends the use of the words “subject to the provisions of Iowa Code
chapter 85” creates ambiguity rather than meaning. As for the words “reasonable
and necessary,” he asserts they are “superfluous and create uncertainty.”
The first assertion is puzzling inasmuch as all workers’ compensation
benefits are subject to the provisions of Iowa Code chapter 85. The addition did
not create any ambiguity.
Concerning the claim the phrase “reasonable and necessary” is
“superfluous,” i.e., “[b]eing beyond what is required or sufficient,”1 Reinsbach
concedes the terms are implied by the commissioner’s ruling. The commissioner’s
written award decision goes beyond implying the terms, specifically providing, “[B]y
sustaining the finding the medical expenses to date are reasonable and necessary
1 Superfluous, The American Heritage College Dictionary (4th ed. 2004).
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treatment of the work injury, it follows that since claimant has not completed that
treatment that claimant is still in need of reasonable and necessary treatment.”
The commissioner then ordered the employer “shall provide to claimant all future
care and treatment modalities for his back condition recommended by David H.
Strothman, M.D., and the Institute for Low Back and Neck Care.”
Reinsbach’s proposed judgment language copied the decretal language of
the commissioner’s ruling, but omitted the “reasonable and necessary” limitation
recognized by the commissioner.2 “[T]he district court’s role in entry of judgment
is limited to analyzing and explaining the meaning of the commissioner’s written
award decision.” Id. The language in the district court judgment properly
construes the commissioner’s written decision. We therefore affirm.
AFFIRMED.
2 Indeed, Reinsbach’s proposed language might well be read to modify the
commissioner’s ruling by not recognizing the “reasonable and necessary”
limitation.