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IN THE COURT OF APPEALS OF IOWA No. 9-816 / 09-0502 Filed December 30, 2009

PELLA CORPORATION, Petitioner-Appellant, vs. TERRY L. SHARP, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.

An employer appeals from a district court ruling affirming the workers compensation commissioners findings of causation and liability. AFFIRMED.

David L. Jenkins of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellant. Wendy D. Boka and Randall P. Schueller of Hopkins & Huebner, P.C., Des Moines, for appellee.

Heard by Sackett, C.J., and Vaitheswaran and Danilson, JJ.

2 DANILSON, J. Pella Corporation challenges the district courts affirmance of the workers compensation commissioners ruling that Tyler Sharps biceps tendon rupture on November 27, 2005, was related to his previous cumulative injury to his right arm as of August 30, 2001. We affirm. I. Background Facts & Proceedings. In August 2001 Tyler Sharp was an employee of Pella Corporation working with special glass doors. The work was repetitious and demanding. The parties agreed that Sharp sustained a cumulative injury to his right arm as of August 20, 2001, for which Pella paid medical expenses and weekly benefits.1 This dispute arises from Sharps November 27, 2005 ruptured biceps tendon, which occurred as he pulled a lawnmower from a shed. Sharp sought additional workers compensation benefits from Pella, contending the November 2005 injury was related to the 2001 cumulative injury. His claim was supported by the opinion of Douglas S. Reagan, M.D., an orthopedic surgeon who performed several surgeries on Sharp.2 On June 4, 2004, Dr. Reagan performed "right carpal tunnel release, ulnar tunnel release with exploration of deep branch, cubital tunnel release with marsupialization, radial tunnel release, and release of lateral epicondyle." December 23, 2005. He reattached Sharps biceps tendon to the elbow on Dr. Reagan opined that Sharps 2005 biceps tendon

rupture was related to his work at Pella because of Sharps continuing complaints

1 2

Timothy Schurman, M.D., performed neuroplasty surgery on April 3, 2002. Dr. Reagan began seeing Sharp upon a referral from Dr. Schurman.

3 related to the elbow region and his unresolved symptoms despite numerous surgical interventions. Pella, however, denied any causal link between the 2005 biceps tendon rupture and the 2001 cumulative injury. It relied upon the opinion of Teri S. Formanek, M.D., who saw Sharp on March 27, 2007, upon Pellas request for an independent medical examination. Dr. Formanek opined that biceps tendinopathy was not likely present since 2001 as it would be unlikely for a biceps tendinopathy to be ongoing continuously for a period of four years before rupture occurred without some identifiable historical and physical findings, which would be consistent with that disorder. It is unlikely that multiple physicians over multiple examinations would not be able to identify this as an ongoing problem during his extensive treatment throughout the course of dates from 2001 initial report until the time of rupture. Following a hearing, the deputy commissioner made findings of fact outlining Sharps symptoms and course of treatment and surgeries fr om 2001 through 2007. The deputy gave greater weight to the opinion of Dr. Reagan who had the benefit of examining Sharp over an extended period of time, performed numerous surgical procedures on his right arm, and had the opportunity to observe Sharps right arm "on the surgical table," both before and after those surgeries. The arbitration decision awarded Sharp healing period benefits,

medical expenses causally related to the work condition, and the cost of an independent medical examination (IME) performed by Dr. Jacqueline Stocken. Pella appealed to the commissioner, who adopted the deputys ruling as its final decision. On Pellas petition for judicial review, the district court affirmed. Pella now appeals, arguing the commissioner erred in conc luding Sharps biceps tendon rupture was causally related to the cumulative work-related 2001

4 injury. Pella also contends the commissioner erred in awarding full

reimbursement for the IME. II. Scope & Standard of Review. We review a final agency action for correction of errors at law. Eyecare v. Dep't of Human Servs., 770 N.W.2d 832, 835 (Iowa 2009). "We review the

district court decision by applying the standards of the Iowa Administrative Procedure Act to the agency action to determine if our conclusions are the same reached by the district court." Id. (citation omitted). We are bound by the

agencys findings so long as they are supported by substantial evidence. Id. "Substantial evidence" means the quantity and quality of evidence that would be deemed sufficient by a neutral, detached, and reasonable person, to establish the fact at issue when the consequences resulting from the establishment of that fact are understood to be serious and of great importance. Iowa Code

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