IN THE COURT OF APPEALS OF IOWA
No. 14-0001
Filed September 17, 2014
SIDNEY BAKKEN,
Plaintiff-Appellant,
vs.
ORWIG, INC., and GRINNELL MUTUAL REINSURANCE COMPANY,
Defendant-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Palo Alto County, Don E. Courtney,
Judge.
A worker appeals the district court’s judicial review decision that affirmed
the agency’s denial of benefits for an alleged cervical injury. AFFIRMED.
Willis J. Hamilton of Hamilton Law Firm, P.C., Storm Lake, for appellant.
Sarah K. Kleber and Joel D. Vos of Heidman Law Firm, L.L.P., Sioux City,
for appellee.
Considered by Danilson, C.J., and Vogel and Bower, JJ.
2
PER CURIAM.
Sidney Bakken appeals the district court’s judicial review ruling, which
affirmed the decision of the workers’ compensation commission denying benefits
for an alleged cervical spine injury. 1 Bakken asserts the agency decision is not
supported by substantial evidence or the decision is otherwise the result of an
abuse of the agency’s discretion.
The agency concluded based on its review of the medical evidence and
the testimony of Bakken that Bakken had failed to establish a causal relationship
between his 2010 work injury and his ongoing cervical complaints. The agency
concluded all the evidence in support of Bakken’s claim was premised on Bakken
having had no ongoing cervical problems from his 2005 cervical fusion until early
2010. The agency found that history was inaccurate and gave the greatest
credible weight to the opinion of the employer’s expert who had “the most
accurate understanding of [Bakken’s] right shoulder and cervical pathology from
2004 onward.” The agency also found the employer’s expert opinion was
consistent with the overall recorded medical evidence.
The district court affirmed the agency’s ruling, correctly concluding it was
bound by the agency’s factual findings if those findings are supported by
substantial evidence. See Mike Brooks Inc. v. House, 843 N.W.2d 885, 889
(Iowa 2014). In addition, the district court correctly noted the agency has the
duty to weigh the evidence and measure the credibility of witnesses and it is for
the agency to accept or reject an expert opinion. See Cedar Rapids Comm. Sch.
1
The parties stipulated at the agency hearing that Bakken suffered a right shoulder
injury and industrial disability benefits were order for that injury. That part of the agency
decision is not at issue in this appeal.
3
Dist. v. Pease, 807 N.W.2d 839, 845 (Iowa 2011). The district court found
“substantial evidence that a reasonable mind could conclude [Bakken’s] cervical
spine pain is the result of an ongoing injury related to his 2005 injury. As such,
the factual findings of the arbitration decision are binding on this court.”
We agree with the district court’s judicial review ruling after conducting our
own review of the evidence along with the claims made on appeal. See Hill v.
Fleetguard, 705 N.W.2d 665, 669 (Iowa 2005) (“When reviewing the district
court’s decision, we apply the standards of chapter 17A to determine whether the
conclusions we reach are the same as those of the district court. If the
conclusions are the same, we affirm; otherwise we reverse.”). We therefore
affirm the judicial review decision of the district court pursuant to Iowa Court Rule
21.26(1)(b), (d), and (e).
AFFIRMED.