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IN THE COURT OF APPEALS OF IOWA No. 6-906 / 05-1889 Filed December 13, 2006 WADE GREEN, Petitioner-Appellant, vs. WEITZ CONSTRUCTION, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.

Wade Green appeals the decision of the district court affirming the agency's final decision finding Green failed to prove causation. AFFIRMED.

Nathaniel R. Boulton and Joseph L. Walsh, Des Moines, for appellant. Joseph Barron and Timothy Wegman of Peddicord, Wharton, Spencer & Hook, LLP, Des Moines, for appellee.

Considered by Sackett, C.J., and Zimmer and Eisenhauer, JJ.

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EISENHAUER, J. Wade Green appeals the decision of the district court affirming the workers' compensation commissioner's final decision finding Green failed to prove causation. On August 23, 2000, Green, a union carpenter, was working for Weitz Construction Co. when he fell and sustained an injury arising out of and in the course of his employment. Green contends he injured his neck in the fall and as a result is entitled to workers' compensation benefits. The deputy workers'

compensation commissioner denied Green benefits, concluding he failed to establish a causal nexus by a preponderance of the evidence. commissioner affirmed the deputy's decision denying the claim. The

On judicial

review, the district court agreed with the deputy and reached the same conclusion. Green seeks further judicial review. Our review in workers' compensation cases is governed by the Iowa Administrative Procedure Act, Iowa Code chapter 17A. Myers v. F.C.A.

Services, Inc., 592 N.W.2d 354, 356 (Iowa 1999). Under the Act, we may only interfere with the commissioner's decision if it is erroneous under one of the grounds enumerated in the statute, and a party's substantial rights have been prejudiced. Iowa Code section 17A.19(10) (2005). If there is substantial

evidence in the record to support the agency's determinations of fact, then we are bound by such determinations. Meyer v. IBP, Inc., 710 N.W.2d 213, 218 (Iowa 2006). We give some discretion to the agency's application of law to fact, but these decisions may be affected by erroneous interpretation of law, irrational reasoning, failure to consider relevant facts, or irrational, illogical, or wholly

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unjustifiable application of law to the facts. Id. We afford no discretion when the agency exercises its decision based on an erroneous interpretation of law. Id. Green was seen by and obtained evaluations from several physicians following the accident. N. John Prevo, D.O. evaluated and treated Green

between September 7 and November 7, 2000. Prevo diagnosed Green with "carpal ulnar tunnel." In a letter to Weitz's counsel, Prevo agreed there was no causal connection between Green's alleged injury of August 23, 2000, and his carpal tunnel and ulnar tunnel syndrome. But, Prevo noted that it was possible the fall and contusion could have aggravated Green's cervical spine disease. Nonetheless, Prevo agreed Green's July 2002 surgery 1 was "related to [Green's] longstanding central stenosis and spondylosis as opposed to the alleged work injury of August 23, 2000." Prevo referred Green to Dr. Lynn M. Nelson.

Nelson's "impressions" were "right cubital tunnel and carpal tunnel syndrome," "status post C4-5, C5-6 anterior cervical diskectomy and fusion," and "C6-7 spondylosis." Nelson opined, "I, like Dr. Prevo, cannot well relate cubital and/or carpal tunnel syndrome to the reported fall. . . ." Nelson further opined that Green's July 2002 surgery was not causally connected with the August 23 injury, nor did the alleged injury cause the need for the surgery. Jerome G. Bashara, M.D. performed an independent medical evaluation of Green's cervical spine. Bashara opined, "This [severe spinal stenosis C3-4 and C6-7, postoperative fusion at both levels] is a substantial aggravation of a preexisting condition, which was caused by an injury on 8/23/00." Bashara gave Green an 18 percent partial physical impairment of his body as a whole.
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On July 9, 2002, Dr. Patrick W. Hitchon performed C3-4 and C6-7 anterior cervical diskectomy infusion with plating on Green.

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Dr. Hitchon, who performed the July 2002 surgery, diagnosed Green with "degenerative disease of the cervical spine with cervical stenosis." He opined, "Based on the history and the statements by Mr. Green it appears that the injury did contribute to aggravation of underlying pre-existing pathology in the cervical spine." However, approximately two months later when asked to confirm

whether the degenerative disease and cervical stenosis was not the result of any work injury, Hitchon stated: Degenerative disease can occur due to a multitude of factors including participation in contact sports, multiple trauma and repetitive injury. These changes may or may not be related to ones work. . . . I believe that the period of time from injury to physician consultation is important in establishing a relationship. Mr. Green was first seen by me in January of 2002, nearly 1-1/2 years following the injury of August 2000. The deputy commissioner found the opinions of Dr. Prevo and Dr. Nelson--that there was no causal nexus between the July 2002 surgery and the August 23 injury

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