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IN THE COURT OF APPEALS OF IOWA No. 6-566 / 06-0326 Filed November 16, 2006

SEEDORFF MASONRY, INC. and ZURICH INSURANCE CO., Petitioners-Appellants, vs. TIMOTHY GOBB, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.

An employer appeals the district court's affirmance of the workers' compensation commissioner's award of benefits to an employee. AFFIRMED.

Charles E. Cutler and M. Kathleen Brown of Culter Law Firm, P.C., West Des Moines, for appellants. Thomas J. Reilly of Thomas J. Reilly Law Firm, P.C., Des Moines, for appellee.

Considered by Sackett, C.J., and Vaitheswaran, J., and Nelson, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).

2 NELSON, S.J. I. Background Facts & Proceedings

Timothy Gobb was employed as an apprentice bricklayer by Seedorff Masonry, Inc. On November 1, 2001, Gobb suffered an abdominal wall hernia due to lifting heavy blocks. 1 Gobb had hernia repair surgery on January 15, 2002. He continued to complain of abdominal pain. Gobb has lifting restrictions to prevent the reoccurrence of an abdominal wall hernia. In addition, Gobb has a history of depression. Dr. Scott Jennisch

diagnosed Gobb with major depressive disorder and pain disorder. Dr. Jennisch stated, "Unquestionably patient's significant pain and ability to work and mounting financial pressures are significant aggravating factors in terms of his present depressive condition." Gobb filed a claim for workers' compensation benefits, claiming his continuing pain and depressive condition were caused by his work injury in November 2001. After a hearing, a deputy workers' compensation commissioner determined Gobb sustained a hernia injury and a psychological injury on November 1, 2001, as a result of heavy lifting at work. The deputy determined Gobb sustained a forty-five percent industrial disability. compensation commissioner adopted the deputy's decision. Seedorff filed a petition for judicial review. The district court found The workers'

substantial evidence in the record to support the commissioner's decision that Gobb's hernia was work-related. The court also found "[t]he evidence clearly supports the Deputy's findings that Gobb continued to have abdominal pain
1

This is hernia through the abdominal wall.

3 problems after the surgical repair of the hernia." In turn, the court found "Gobb's depression was materially aggravated due to the pain he continues to experience from the hernia injury, as well as the additional stressors directly attributable to the work injury." appeals. II. Standard of Review The court affirmed the commissioner's decision. Seedorff

Our review is governed by the Iowa Administrative Procedure Act. Iowa Code ch. 17A (2003); Acuity Ins. v. Foreman, 684 N.W.2d 212, 216 (Iowa 2004). We review the district court's decision by applying the standard of chapter 17A to the agency action to determine if our conclusions are the same as those reached by the district court. University of Iowa Hosp. & Clinics v. Waters, 674 N.W.2d 92, 95 (Iowa 2004). We may reverse, modify, or grant other relief if a party shows the agency's action is "[b]ased upon a determination of fact clearly vested by a provision of law in the discretion of the agency that is not supported by substantial evidence in the record before the court when that record is viewed as a whole." Iowa Code

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