2020 Workers' Compensation Appeal Decisions

2020 Workers' Compensation Appeal Decisions

December 2020

Rivera v. Smithfield Foods,  Inc., No. 5066964 (App. Dec.  31, 2020) - In this post 7/1/17 case, claimant was found to have an injury to her left shoulder.  The ratings were 6% and 8%, but the deputy awarded a 40% functional loss of the shoulder, but based this award on 250 weeks rather than 400 weeks, thus awarding claimant 100 weeks of benefits.  On a nunc pro tunc motion, this was increased to 160 weeks of benefits, based on 85.34(2)(n) (Gerrish-Lampe).  Defendants appeal, based on the fact that 85.34(2)(x) limits functional awards to AMA Guides based ratings.  Claimant argues that her injury was not a scheduled member injury and also avers that (2)(x) is violative of claimant's constitutional rights.  The commissioner finds that the injury did not extend into the body and suffered an injury to the left shoulder.  The commissioner reverses the 40% award, finding that under 85.34(2)(x), benefits are limited to the ratings under the AMA Guides. The commissioner finds the 8% rating was appropriate and awards 32 weeks of benefits. On the constitutional issue, the commissioner declines to address the merits since the agency does not have the authority to address constitutional issues.  Compare this to Underwood, a December 30 case where the commissioner concludes that claimant had waived the constitutional issue.  8 months from arbitration to appeal decision.  

Etherington v. Spencer Municipal Hospital, No. 5047488 (App. Dec. 30, 2020) - A 60% industrial award was made in the arbitration decision and additional healing period and penalty benefits ($2500) were also awarded (Humphrey). The commissioner affirms without additional comment.  7 months from arbitration to appeal decision.  

Underwood v. Allegis Group, Inc., No. 5050221 (App. Dec. 30, 2020) - Claimant was found to have established a temporary injury, but not a permanent injury to her neck and back.  Left hip and head injuries were denied.  Claimant appeals and the commissioner affirms.  The commissioner specifically credits the findings of the deputy, finding they were "immensely thorough and well-reasoned." (Fitch). The commissioner credits Dr. Jackson over Dr. Bansal with respect to the neck and back injuries and rejects Dr. Angel's and Dr. Schmolck's reports with respect to the head and hip injuries.  Dr. Tranel and Dr. Demarest (claimant's IME physician) were credited with respect to the head injury.  9 months from arbitration to appeal decision.  

Heeren v. Derby Trucking, LLC,  No. 5067250 (App. Dec. 30, 2020) - In this action, claimant was found to have an injury to the leg.  Originally, claimant was awarded a 20% functional award although the ratings were 10% and 2%. On rehearing, the award was reduced to 10% under 85.34(2)(x) (Gerrish-Lampe).  Claimant appeals, arguing that 85.34(2)(x) in unenforceable under the absurdity doctrine and was void for vagueness.  Alternatively, claimant argues that the claim denied him equal protection.  Defendants argue these issues were waived because not raised in the petition, hearing report, at hearing or in the post-hearing brief.  On appeal, the commissioner concludes that claimant waived the statutory and constitutional issues.  The commissioner finds that the agency relies on hearing reports to determine the issues to be decided and since these issues were not raised in the hearing report, they were waived.  The commissioner also notes that he does not have the authority to rule on the claims in any event. The commissioner affirms Dr. Sassman's 10% rating.  8 months from arbitration to appeal decision.  

Heinrich v. Area Ambulance Authority, Inc., No. 5061839 (App. Dec. 18, 2020) - Claimant was found to have a hip injury, but because claimant had not reached MMI, permanency was found not ripe for determination. TTD benefits were awarded. Penalty benefits were denied and alternate medical care for the hip injury was awarded (Lunn).  On appeal, the commissioner affirms.  The only additional comments were on the issue of medical care and TTD benefits.  Defendants alleged that the bills were not produced in a timely manner.  The commissioner notes that because defendants stipulated that the bills were related to the hip injury and that the fees were reasonable, "there was no harm in the bills' late exchange." On TTD, claimant was removed from all employment because of her surgery (she had earlier quit work) and therefore TTD was appropriate under Schutjer.  7 months from arbitration to appeal decision.  

Hays v. Central Iowa Fencing, Ltd., No. 5064784 (App. Dec. 17, 2020) - Claimant was found entitled to TTD and TPD benefits for a 2018 back injury.  Claimant was not at MMI, so permanency was not determined (Lunn).  Defendant appeals.  The commissioner affirms without additional comment.  7 months from arbitration to appeal decision.  

Kudic v. IOC Black Hawk County, Inc., Nos. 5066504, 5066505 (App. Dec. 17, 2020) - Claimant was found to have sustained a 75% industrial disability as a result of January 28, 2018 back injury.  The deputy admitted certain exhibits contested by defendant (JGL). Both parties appeal.  The commissioner affirms.  With respect to the exhibits, the commissioner notes that even if claimant's expert witness designation was deficient, there was no evidence that defendants were prejudiced or denied the right to obtain their own expert witness report.  Claimant sent the report approximately 60 days before hearing, which gave defendants ample time to respond.  The commissioner notes that "hypothetical prejudice does not equate to unfair prejudice."  Defendants also objected to the report of the treating physician because he was not listed as an expert. The commissioner notes that defendants had received all of the doctor's treatment notes, so there was no prejudice under Schoenfeld.  The commissioner also notes that with respect to the injury date, "while it has not been decided whether the legislature's amendment to Iowa Code 85.23 affects the discovery rule or the rules used to establish the manifestation date of an injury, that decision is irrelevant in this case because the outcome is the same under both scenarios."  If the discovery rule applies, the deputy was correct according to the commissioner, but if this analysis is not applicable under the 2017 amendments, claimant did not know that her back complaints were were related until January 28, 2018. 9 months from arbitration to appeal decision.  

Smidt v. JKB Restaurants, No. 5067766 (App. Dec. 11, 2020) - This case involves the definition of a shoulder under 85.34(2)(n).  The deputy had concluded, applying a liberal construction, that claimant's injury extended into the body and was not confined to the shoulder (Grell). The commissioner, following the earlier decision in Deng and Chavez, concludes that the shoulder is not confined to the glenohumeral joint, finds that claimant's rotator cuff injury (supraspinatus and infraspinatus tendons) was an injury to the shoulder and reverses the decision of the deputy, providing claimant with a 20% injury to the shoulder or 80 weeks of benefits.  7 months from arbitration to appeal decision.  

Buchanan v. Menard, Inc./Midwest Manufacturing, No 5068353 (App. Dec. 10, 2020) - Claimant was found to have sustained a 100% impairment of his right fifth toe and was provided temporary and permanency benefits (Grell). Defendants appeal, based on a notice defense.  The commissioner affirms without additional comment.  5 months from arbitration to appeal decision. 

Tassinari v. Maxyield Cooperative, No. 5059259 (App. Dec. 9, 2020) - Claimant was found to have a 60% industrial disability and was also awarded $10,000 in penalty benefits (Walsh). The commissioner affirms without additional comment.  8 months from arbitration to appeal decision. 

Gallegos v. Shelly Krieg, Inc., No. 5066131 (App. Dec. 8, 2020) - Claimant was found to have suffered back and shoulder injuries (upper extremity, burn and tinnitus claims were rejected).  Claimant was found to have sustained a 60% industrial disability (Palmer).  Defendants appeal.  On appeal, the commissioner affirms.  In doing so, the appeal decision specifically credits the opinion of Dr. Stoken over Dr. Elkins and finds that although the deputy did not specifically indicate that claimant's back condition was "materially" aggravated by his work activities, this could be inferred, noting that the underlying opinion noted the changes to claimant's back condition.  The commissioner finds that Dr. Elkins' DME "reads like a poorly disguised causation opinion" and specifically rejects that report and notes that claimant's injury was not temporary because it never returned to the pre-injury baseline of asymptomatic.  The commissioner also specifically credits Dr. Stoken's report finding that claimant's injury was in DRE Category II under the Guides.  He finds the opinions of Dr. Stoken to be the most "informed, complete and well-reasoned." 10 months from arbitration to appeal decision.  

Shrum v. Boldt Group, Inc., No. 5067317 (App. Dec. 7, 2020) - Claimant was found to have a 5% industrial disability as a result of neck and shoulder complaints.  Alternate medical care was awarded.  Defendants appeal, arguing that the neck claim shouldn't have been allowed and that even if allowed, alleging that this did not arise out of employment. The commissioner reverses, noting that claimant testified that he was not making a neck claim against defendant.  The commissioner also concludes that the neck claim did not arise out of employment.  As to the shoulder claims, the commissioner finds that shoulder pain was not noted in the reports of Dr. Mooney, nor in an intake report.  Because of this, the commissioner finds that the report of Dr. Taylon, claimant's doctor, was not persuasive.  The commissioner notes that there was no citation to the AMA Guides in Dr. Taylon's report and no specificity as to the type of injury suffered by claimant.  PPD benefits were reversed, as was the finding granting alternate medical care.  7 months from arbitration to appeal decision.  

November 2020

Arroyo v. Smithfield Foods, Inc., No. 5066288 (App. Nov. 23, 2020) - Claimant was found to have a right shoulder injury in a post 7/1/17 case.  He was also found to have a right upper extremity injury, but allegations of injuries to the neck were rejected.  The commissioner notes that although there was no definitive finding of a sequela injury to the left shoulder, such a finding could be inferred. However, the deputy found there was no permanency to this injury, nor for the right upper extremity (carpal tunnel) injury.  Claimant was found eligible for a 6% impairment of the right upper extremity under 85.34(2)(n), as the deputy rejected the contention that this injury extended into the body (Grell).  On appeal, the commissioner affirms, with no additional analysis.  10 months from arbitration to appeal decision.  

Ashley v. SIF, No. 5067349 (App. Nov. 20, 2020) - Following hearing, the deputy concluded claimant had failed to prove a first injury in this Fund case (Cleereman).  On appeal, the commissioner affirms without additional comment. 5 months from arbitration to appeal decision.

Sparks v. Polk City Nursing and Rehabilitation and SIF, No. 5066410 (App. Nov. 19, 2020) - The deputy concluded that claimant had failed to prove an injury that arose out of and in the course of employment (Christenson). Accordingly, the claims against the employer and SIF were rejected.  The commissioner affirms without additional comment.  8 months from arbitration to appeal decision.

Hernandez v. John Deere Davenport Works, No. 5067924 (App. Nov. 18, 2020) - File not found.  The original decision was a take nothing decision from Pals.  6 months from rehearing decision to appeal decision.  

Warren v. Altec, Inc., No. 5067532 (App. Nov. 18, 2020) - Claimant was found to have a 25% industrial disability based on the opinions of Dr. Spooner and Dr. Kuhnlein.  The opinion of Dr. Chen was rejected (Pals). The commissioner affirms the weight given to Spooner and Kuhnlein, as well as the 25% industrial award.  Past medical expenses which were awarded were also affirmed on appeal based on testimony that the treatment provided by claimant's doctor was necessary after defendant had denied coverage.  The commissioner found that Bell Brothers was not applicable because defendants had denied compensability.  7 months from arbitration to appeal decision.   

Jones v. Aluma, Ltd., No. 5066837 (App. Nov. 17, 2020) - Claimant was found not a credible witness and was found to have failed to meet her burden of proving an injury that arose out of employment.  The commissioner affirms, giving "considerable deference" to the deputy's credibility findings.  7 months from arbitration to appeal decision.  

Tripp v. Scott Emergency Communication Center, No. 5066673 (App. Nov. 17, 2020) - Claimant alleged a mental/mental injury under Brown v. Quik Trip.  The deputy concluded claimant failed to meet her burden of proof (Christenson).  On appeal, the commissioner affirms. The commissioner concludes that the events of the date of injury were not sudden, traumatic or unexpected (the events involved calls concerning the death of an infant taken by an emergency dispatcher).  Claimant urged the application of an objective standard under Brown.  Alternatively, the claimant argued that if a subjective standard was used under Brown, the Brown  standard should be overruled.  The commissioner noted that he had no power to overrule a Supreme Court precedent, but went on to discuss the objective/subjective standard.

Claimant argued that under an objective standard, a reasonable person would have experienced a sudden, traumatic and unexpected event and should have been compensated, irrespective of the absence of similar stress on other employees.  The deputy had concluded that Brown established a subjective standard.  Under Brown, according to the commissioner, if a claim was based on a sudden traumatic event from an unexpected cause or unusual strain, the employee did not need to demonstrate similar stress on the part of other employees.  The commissioner noted earlier agency cases where benefits had been awarded benefits due to sudden, traumatic events, but concluded that the emergency call fielded by claimant greatly exceeded the day to day stress of an emergency operator.  The commissioner concludes that Brown does not create a purely objective test and finds that a person's occupation is a factor to consider in determining whether a sudden, traumatic and unexpected event occurred.  The commissioner concludes:

    The legal causation test under Brown is met only when a claim is based on a manifest happeneing of     a sudden traumatic nature from an unexpected cause or unusual strain.  Whether the traumatic event     at issue stems from an unexpected cause or an unusual strain is determined by a subjective standard         that takes into account claimant's occupation.

The denial of benefits was affirmed.  8 months from rehearing decision to appeal decision.  

Oxley v. Lennox Industries, No. 5067306 (App. Nov. 16 2020) - Claimant was found to have a hernia related to employment and was awarded temporary benefits, as well as reimbursement for medical expenses incurred in this denied claim.  No permanency was awarded (Gerrish-Lampe).  Defendants appeal.  On appeal, the commissioner affirms the finding that the injury arose out of employment, finding that the deputy correctly assessed claimant's credibility.  The award of medical benefits was affirmed.  Defendants had argued that it could reestablish control of medical benefits under Brewer-Strong, but the commissioner noted that defendants had never authorized care, even at the time of the hearing.  8 months from arbitration to appeal decision.  

Young v. East Penn Mfg., No. 5060180 (App. Nov. 16, 2020) - The deputy concluded that claimant had sustained an injury to legs, but not her back or hips.  PPD benefits were to commence on April 6, 2017.  Temporary benefits were also awarded, as were medical benefits (Humphrey). On appeal, the commissioner affirmed the finding that claimant's injury was confined to the legs.  On the temporary benefits issue, the commissioner notes that in the period from May 7 through September 16, 2017, claimant was not medically capable of working at her former job and had not been offered substantially similar work.  Because claimant did not return to work until September 17, the commencement date for permanency benefits was changed to that date rather than April 6.  The commissioner also finds that certain medical benefits were not payable under Bell Brothers, as there was no showing that this unauthorized care was more favorable than the care provided by defendants.  Certain other expenses were awarded by the commissioner, as defendants had denied liability for the leg and wrist injuries by that time and thus the expenses were not subject to Bell Brothers.  A penalty finding by the deputy was also affirmed, but increased from 15% to approximately 50% of unpaid benefits.  7 months from arbitration to appeal decision.  

Alm v. Archer Daniels Midland, No. 5067128 (App. Nov. 13, 2020) - Claimant was found to have a 23% functional impairment of his body as a whole for a post 7/1/17 injury.  Defendants were provided with a 10% credit for an earlier injury (the decision notes the parties stipulated to this credit) (Pals).  Defendants appeal and the the commissioner affirms without additional comment.  5 months from arbitration to appeal decision.  

Taylor v. Quaker Oats Company, No. 5067394 (App. Nov. 10, 2020) - Claimant alleged a low back injury, tinnitus and hearing loss.  The deputy concluded that the low back claim was filed outside the statute of limitations and failed to provide the employer with notice of the injury. The tinnitus claim was also rejected on SOL grounds, as was the hearing loss claim (Grell).  Claimant appeals and the commissioner affirms without additional discussion. 5 months from arbitration to appeal decision.  

Ardapple v. John Deere Davenport Works, No. 5049457 (App. Nov. 10, 2020) - In this review-reopening action, claimant was found not to be at MMI at the time of the initial decision.  In the RR proceeding, he claims he was at MMI and also alleges a new cubital tunnel claim (the initial claim had been for carpal tunnel).  The deputy concluded that claimant had failed to establish permanency on the carpal tunnel claim and had failed to establish that the cubital tunnel injury arose out of employment (Christenson). The commissioner reverses on the carpal tunnel claim, finding that claimant had sustained a change of condition and had demonstrated a permanent impairment, awarding 60 weeks of benefits.  Defendant's argument on appeal appears to be focused on whether claimant's carpal tunnel injury arose out of employment and the commissioner notes that this finding had already been made in the original decision.  The commissioner notes the "confusing argument" from defendant on this point and rejects that argument, noting that under Kohlhaas, review reopening proceedings are not a tool to relitigate previously decided causation issues.  The cubital tunnel finding is affirmed by the commissioner. 8 months from arbitration to appeal decision.  This is only the second Christenson denial that I can recall the commissioner reversing.

Johnson v. Whirlpool Corp., Nos. 5068454, 5068455, 5068456 (App. Nov. 9, 2020) - Claimant was found to have sustained three separate scheduled member injuries.  In the third of these cases, alternate medical care was awarded (Grell).  Defendants appeal two of the three awards as well as the alternate medical care finding.  On appeal, the commissioner affirms the awards without additional comment.  7 months from arbitration to appeal decision.  

Griffey v. Western Express, No. 5062272 (App. Nov. 5, 2020) - Claimant was killed in a stipulated work accident.  The issue on review was whether claimant’s adult children were disabled such that they should receive dependents’ benefits as they were mentally incapacitated from earning.  The deputy found that three children were disabled and thus entitled to benefits.  Another minor child who was receiving child support from claimant was also found to be dependent.  The deputy also found that claimant, who was a trainee, was entitled to consideration of rate based on 85.36(9), thus significantly increasing his rate (Pals). On appeal, the commissioner affirms without additional comment.  6 months from arbitration to appeal decision.

Coleman Duchesneau v. Wal-Mart Stores, Inc., No. 5065565 (App. Nov. 3, 2020) - Claimant was found to have suffered injuries to her finger, arm and left shoulder and was found to have a 55% industrial disability. Alternate medical care was also provided.  The case was heard by McGovern and decided by Grell. The commissioner affirms without additional comment. 8 months from arbitration to appeal decision.

Rios v. John Deere Waterloo Works, No. 5053450 (Remand Nov. 2, 2020) - This case involved a client with an alleged TBI following a fall down stairs.  In its original time through the agency, the deputy (Pals) concluded that claimant had not established that the TBI was related to the work injury, based on the fact that claimant’s fall had not been as serious as alleged, that doctors had concluded that claimant was suffering from a conversion disorder and on the medical testimony that typically a mild TBI did not worsen over time.  At the time of hearing, claimant was in a wheelchair and could not even testify.  The commissioner affirmed.  On judicial review, the district court concluded that the commissioner had erred in not taking into account the reports and testimony of claimant’s many medical specialists and had not taken into account lay testimony concerning the injury.  The case was remanded to the agency.

On remand, the commissioner reverses the original decision, finds that claimant’s TBI was related to work and also concludes that claimant is PTD.  In addition, penalty is awarded for defendant’s failure to tell claimant why temporary and permanency benefits had been denied.  Although the commissioner finds that this is a complicated case, ultimately the fact that seven medical professional concluded that the TBI was related to work was sufficient to overcome the contrary medical evidence.  The medical evidence was also supported by lay testimony noting claimant’s significant decline in functioning after the injury.  Seven months from remand to commissioner decision.

October 2020

Alfstad v. SIF,  No. 5058197 (App. Oct. 28, 2020) - Claimant was found to have suffered 1st and 2d injuries and was awarded 80% industrial disability (Elliott).  SIF appeals and the commissioner affirms without additional comment.  8 months from arbitration to appeal decision.

Just v. Wells Fargo, No. 5067290 (App. Oct. 27, 2020) -  Claimant was found to have a 30% industrial disability and was awarded $2500 in penalty benefits for failure to timely pay temporary benefits (Palmer).  On appeal, the commissioner affirms without additional comment.  7 months from arbitration to appeal decision.  

Lawson v. Benton Sand and Gravel, No. 5066379 (App. Oct. 23, 2020) - Claimant’s injury was found to be limited to the leg and the deputy concluded the injury did not extend to the body (Gerrish-Lampe). Claimant appeals and the commissioner affirms without additional discussion.  8 months from arbitration to appeal decision.

Dolmage v. Kinze Mfg. Co., No. 5004478 (App. Oct. 21, 2020) - In this summary judgment action, claimant challenges his weekly rate in a partial commutation action settled by the parties.  The deputy concluded that the settlement bound the parties, even though the rate was incorrect, citing judicial estoppel.  The commissioner affirms without additional comment.  8 months from arbitration to appeal decision.  

Carfi v. Brand Energy Services, No. 5065315 (App. Oct. 20, 2020) - The case was initially heard by Deputy Fitch and later reassigned to Copley, who concluded that claimant failed to satisfy his burden of proof concerning a cumulative injury.  On appeal, claimant contends that it was inappropriate for Copley to enter an opinion, as she was not unavailable.  The commissioner finds that Fitch was unavailable, as she was working on the implementation of the WCES system.  Claimant also argued that Copley should have reheard the case.  The commissioner finds that since credibility/demeanor was not an issue brought up by either party, it was appropriate not to rehear the issue.  The substantive issue was affirmed without discussion.  15 months from original arbitration decision to appeal decision.  2 months from rehearing decision on demeanor to appeal decision.

Housley v. East Penn Mfg. Co., Nos. 5060197, 5060198 (App. Oct. 19, 2020) - Claimant was found to have suffered a 65% ID as a result of two work injuries.  Penalty benefits were denied (Walsh).  The commissioner affirms the decision, accepting the deputy’s credibility findings.  Healing period benefits were also awarded, based on defendants’ stipulation to an award of healing period benefits in the hearing report. 8 months from arbitration to appeal decision.

Hilliard v. ABF Freight, No. 5052136 (App. Oct. 15, 2020) - The arbitration decision in this review-reopening decision found that claimant had established a physical change in condition.  ID benefits were increased from 30 to 50% (McGovern).  On appeal, the commissioner affirms these findings without comment.  The commissioner changed the date of commencement of benefits from January of 2018 to January of 2019 because claimant received the original award until January of 2019.  7 months from arbitration to appeal decision.  

Gonzales v. Quaker Oats, No. 5061890 (App. Oct. 13, 2020) - File not found.  In the underlying arbitration decision, deputy Walsh found that claimant, a union steward, was injured in the course of employment while traveling to a union steward’s training, held off-site. After parking, claimant slipped on ice in a non-company parking lot, injuring her leg. The company denied the claim under the going and coming rule.  The deputy finds that under the special errand exception to the going and coming rule, claimant’s injury was in the course of her employment, since claimant was required to attend this training off-site as a result of an agreement between the company and union.  Penalty benefits were denied.  7 months from arbitration to appeal decision.

Vargas v. Tyson Foods, No. 5041132 (App. Oct. 12, 2020) - File not found.  8 months from arbitration to appeal decision.  The underlying RR decision is also file not found.

Deutmeyer v. Innovative Ag Services Co., No. 5066077 (App. Oct. 9, 2020) -  Claimant was found not to have established a permanent injury.  Medical expenses were awarded for certain medical expenses but denied for other expenses (Grell). On appeal, the commissioner affirms without additional comment. 7 months from arbitration to appeal decision.  

Rogers v. The Waldinger Corporation, No. 5059762 (App. Oct. 9, 2020) - Claimant was found not to have established a work-related injury (Pals). The commissioner affirms without comment.  8 months from arbitration to appeal decision.  

Lund v. Mercy Medical Center, No. 5066398 (App. Oct. 8, 2020) - Claimant was found to be entitled to a running award of healing period as a result of a post- 7/1/17 cumulative bilateral shoulder injury (Gerrish-Lampe).  The commissioner affirms the running award, but finds that claimant's injuries were acute rather than cumulative.  The commissioner noted that claimant testified about a pop or a pull and also indicated claimant's work of lifting 100 trays of between 25 and 27 pounds over shoulder level was consistent with an acute injury.  Ultimately, the views of Dr. Davick were credited over those of Dr. Aviles.  8 months from arbitration to appeal decision.  

Jasper v. Nordstrom, Inc.,  Nos.5052714, 5063163 (App. Oct.  7, 2020) - Claimant was found permanently and totally disabled as result of a bilateral shoulder injury in No. 5063163.  Benefits were denied in No. 5052714 (Elliott). The commissioner affirms both results, with additional analysis concerning the PTD finding. Defendants argued that at the time of the hearing, they were still evaluating the restrictions provided by claimant's treating physician to determine whether they could accommodate those restrictions. At the time of hearing, claimant had not been offered a position and no evidence was presented that such a position existed.  The commissioner concludes that despite the fact that defendants had only eight days from the final restrictions until the hearing, there was no reason why this was not a sufficient amount of time to make a determination as to claimant's employability.  The commissioner finds that claimant could not return to her pre-injury work and was PTD. An FCE that was ordered to be paid by the deputy was found not to be payable as a medical expense because not authorized by the treating physician.  The report associated with the FCE, however, was ordered to be paid.  9 months from arbitration to appeal decision.  

Macnish v. CRST Van Expedited, Inc., No. 5059211 (App. Oct. 6, 2020) - Following hearing, claimant  (pro se) was found to be not credible and found not to have demonstrated an injury arising out of and in the course of employment.  The commissioner affirms without discussion.  11 months from arbitration to appeal decision.  

Harrell v. Denver Findley & Sons, Inc. and SIF, No. 5066742 (App. Oct. 6, 2020) -  Claimant was found to have a an injury resulting in a 57% impairment of the left foot, arising out of his work with the employer.  Claimant's first injury was found to be a 100% injury to the right eye.  Claimant was found to be permanently and totally disabled based on his first and second injuries (Elliott).  On appeal, the commissioner affirms the holding against the employer. The rate was adjusted downward based on the fact that claimant's injury was found to have occurred a few months earlier than asserted by claimant.  The deputy had concluded claimant had suffered phantom pain as a result of the second injury, but did not find the injury extended to the body as a whole.  On appeal, the commissioner reverses the finding that claimant was diagnosed with phantom pain.  Although the Fund did not appeal the PTD finding, the commissioner concludes that since the issue was raised before the deputy and the Fund appealed from "all adverse findings of fact and conclusions of law" error had been preserved.

On the PTD issue, the commissioner concluded that claimant maintained the ability to perform some work despite the fact that he was 71 years of age, had difficulty walking and was blind in his right eye.  The commissioner concluded that since claimant had not attempted to look for work after the injury, he lacked motivation and did not conduct an adequate job search.  He was provided a 75% industrial disability.  The commissioner also found that the Fund was entitled to a credit for a pre-existing injury to the left leg.  Total credits to the Fund were found to be 306.9 weeks. 9 months from arbitration to appeal decision.   

Stiles v. Annett Holdings, Inc., No. 5064673 (App. Oct. 2, 2020) - In this case, the deputy (Palmer) concluded claimant had suffered a cumulative shoulder injury which manifested after July 1, 2017.  52 weeks of PPD benefits were awarded under section 85.34(2)(n).  Defendant's notice defense was rejected.  On appeal, the commissioner finds that,  based on claimant's testimony, the injury manifested in February 2017, despite the fact that no treatment was provided until July of 2017. Because this date of injury finding changed the inquiry concerning notice to the employer, the commissioner addressed the new injury date.  Again based on claimant's testimony that he told his employer of the injury in January or February of 2017, the notice defense was once again rejected.  The commissioner next considered the extent of claimant's industrial disability and concluded that claimant had suffered a 35% industrial disability.  This was based on claimant's abilities being in the medium range and the fact that he could not perform his former trucking job be could perform his current job as a custodian.  11 months from arbitration to appeal decision.  

September 2020

Chavez v. MS Technology, No. 5066270 (App. Sept. 30, 2020) - Similar to Deng, this case involved the issue of whether an injury extending beyond the glenohumeral joint was an industrial injury or a scheduled member injury under 85.34(2)(n).  As in Deng, the commissioner reverses the deputy (McGovern) and concludes that the injury was a "shoulder" injury to be determined under 85.34(2)(n). Citing to Deng, the commissioner rejects a bright line rule that injuries proximal to the GH joint should be considered industrial.  All of the findings in Deng were incorporated in Chavez.  The commissioner finds that the glenoid labrum, although proximal to the GH joint, is interconnected to the joint and thus to be considered a part of the shoulder.  The commissioner also concludes that the acromion is closely entwined with the GH joint and thus a subacromial decompression is not a whole body injury.  

Claimant also argued that a biceps injury and a shoulder injury are to be compensated under the catchall provision of 85.34(2)(v) and thus be considered industrially.  The commissioner finds, however, that claimant failed to prove a biceps injury and thus this inquiry need not be addressed.  As in Deng, the commissioner uses the upper extremity rating to determine the amount to be paid to claimant under 85.34(2)(n).  8 months from arbitration to appeal decision.  

Deng v. Farmland Foods, No. 5061883 (App. Sept. 29, 2020) - This case was the first appellate analysis concerning the extent of a "shoulder" injury under the 7/1/17 changes to the law.  In the arbitration decision, the deputy concluded that an injury that affected a body part proximal to the glenohumeral joint was an injury to the body as a whole and not to the "shoulder" as stated in 85.34(2)(n) (McGovern).  The commissioner reversed and found that on the facts of the case, the injury was an injury to the shoulder and not to the body as a whole.

The specific issue, as set forth by the commissioner, was whether an infraspinatus injury was a shoulder injury or a body as a whole injury.  The commissioner noted the since the legislature did not define the term "shoulder", there was "uncertainty" as to the meaning of the statute.  Because of the ambiguity, the commissioner considered the circumstances under which the statute was enacted and the legislative history.  The commissioner indicated that study bills (not passed in the final legislation) referred to the "shoulder joint" and not simply the shoulder.  This language was not included in the final version of the legislation, where only the term "shoulder" was used.   According to the commissioner, this suggested that the term shoulder was not limited to the shoulder joint. The commissioner indicated that the glenohumeral joint and its surrounding muscles, tendons, bones, etc. were "extremely intricate and intertwined."  The commissioner noted that although deciding whether an injury was a "shoulder" injury would require a case by case determination of whether a particular portion of the anatomy was a shoulder or not, this was the result of the legislation that had been passed. Ultimately, the commissioner found that the infraspinatus was so intertwined with the glenohumeral joint that it shoulder be considered a part of the shoulder.  The commissioner rejected the argument that liberal construction shoulder constrict the definition of the shoulder, indicating that liberal construction is "not to be performed in a vacuum.  Since the infraspinatus was essential to the function of the glenohumeral joint, it was found to be a portion of the shoulder for the purposes of this case.  

Applying Dr.  Bansal's 8% impairment rating to the upper extremity, the commissioner awarded 32 weeks of PPD benefits. A penalty of $1000 was affirmed.  7 months from arbitration to appeal decision.  

Gardner v. Menard, Inc., No. 5062921 (App. Sept. 24, 2020) - File not found. In the arbitration decision (Walsh), claimant was awarded. 35% industrial disability, plus healing period benefits.  9 months from arbitration to appeal decision.

Snyder v. Michels Corp., No. 5058331 (App. Sept. 24, 2020) - Claimant was found to have a 5% industrial disability. A penalty of over $14,000 was awarded for failure to investigate the claim and pay weekly benefits.  The employer’s 85.16 defense (pre 7/1/17) was rejected (Christenson). The commissioner affirms the arbitration decision with no further comment. 7 months from arbitration to appeal decision.  

Walker v. Iowa Countertops and SIF, No. 5066334 (App. Sept. 18, 2020) - The arbitration decision found that claimant failed to establish a mental injury against the employer.  Claimant was found to have a right

leg injury attributable to the employer.  Based on this injury and an earlier left leg injury, the deputy found a 20% industrial disability (Christenson). The commissioner affirms without additional comment.  7 months from arbitration to appeal decision.

Cook v Newton Correctional Facility, No. 5064180 (App. Sept. 11, 2020) - The deputy concluded that claimant failed to establish permanent hip and back pain or an aggravation of a pre-existing mental condition.  20 weeks of benefits were awarded due to injuries to the bilateral legs (Grell). The commissioner affirms without additional comment.  8 months from arbitration to appeal decision.  

Johnson v. City of Clinton, No. 5065802 (App. Sept. 3, 2020) - Claimant was found not to have sustained her burden of demonstrating an injury that arose out of employment (Walsh). On appeal, the commissioner affirms without additional comment.  7 months from arbitration to appeal decision.  

Nourie v. ACH Food Co. Inc., Nos.  5058447, 5058770 (App. Sept. 2, 2020) - Claimant was found to have suffered a 35% industrial disability (Grell).  Both parties appealed.  The commissioner affirms the award.  The commissioner explains why he accepts the deputy's decision crediting Dr. Bansal's opinion because of claimant's ongoing hip pain and rejects defendants' contention that the deputy based the award on the possibility of a future hip replacement.  The commissioner also finds that although claimant is an older worker with ongoing hip pain, he is still capable of work in the heavy vocational category and thus does not increase the industrial award.  11 months from arbitration to appeal decision.  

Wilkie v. Kelly Services, No. 5064366 (App. Sept. 2, 2020) - Following hearing, claimant was found to have suffered a permanent total disability based on a March 28, 2018 work injury.  Defendants alleged the award should have been apportioned under 85.34(7) and this request was denied (Copley). On appeal, the commissioner affirms the arbitration decision in total.

The decision contains the first extended discussion of the effects of the changes to the apportionment language of the Code in 2017.  On the specific issue of whether PTD benefits could be apportioned, the commissioner noted that under Drake University v. Davis  and JBS Swift v. Ochoa, apportionment of PTD cases was not allowed prior to the 2017 changes.  The commissioner notes that nothing in the language of  the changes to 85.34(7) changed the results of Davis and Ochoa.  Furthermore, there was no legislative intent language indicating that the legislature intended to apportion PTD cases.  The commissioner finds that neither subsection (a) or (b) of 85.34(7) provides for apportionment in terms of PTD benefits.

The commissioner goes on to note that with the removal of subsection (b) in 2017, the successive disability statute "no longer indicates what, if any, benefits are subject to apportionment.  Without an apportionment statute that applies to the award of PTD benefits, there is no basis for the agency to apportion the award."  Citing Roberts, the commissioner notes that the Supreme Court had previously indicated that 85.34(7)(a) provided no mechanism for apportioning loss between present and prior employers.  Te commissioner noted that Roberts provided a mechanism for apportioning benefits, which the legislature did not use in amending 85.34(7).

The larger issue that is addressed in dicta in Wilkie suggests that since the legislature has not provided a mechanism for apportioning benefits, no apportionment is appropriate at this time in cases arising after July 1, 2017.  It will remain for the courts to decide this issue, but the commissioner's decision suggests that apportionment was eliminated in the 2017 legislative changes. 10 months from arbitration to appeal decision  

August 2020

Bowman v. General Dynamics Info. Tech and SIF, No. 5061908 (App. Aug. 31, 2020) - Claimant was found to have bilateral upper extremity injuries that occurred in 2016.  A 5% award for the RUE was granted.  Claimant was also found to have a left upper extremity as a result of a 2019 injury which resulted in a running healing period.  Penalty of 50% was awarded for the failure to pay weekly benefits. Benefits against the Fund were denied because claimant was found not to have established a first injury prior to the 2016 injury, based on an alleged 1968 right lower extremity and 1970 left lower extremity injury, both of which arose out of cerebral palsy.  Citing Connors v. Dubuque CSD, No. 5014903 (May 31, 2007), the agency found that deficits in the arm and leg from cerebral palsy were not qualifying first injuries (Gerrish-Lampe). The commissioner affirms without further comment.  7 months from arbitration to appeal decision.  

Nelson v. Kraft Heinz, No. 5061747(App. Aug. 28, 2020) - File not found.  The arbitration decision was a take nothing decision from Christenson for injuries on three dates, two before and one after 7/1/17.  8 months from arbitration to appeal decision. 

Kelly v. Cleaning Connection, No. 5048171 (App. Aug. 27, 2020) - In this medical only action, claimant’s request for spinal fusion surgery was denied as not causally related to his work injury.  A spinal cord stimulator was also denied (McGovern). On appeal, the commissioner’s designee (Copley) affirms the arbitration decision.  Additional comments are made with respect to a claim for prescription benefits. The deputy finds there is insufficient evidence to demonstrate that claimant’s medications are related to the injury, notwithstanding the fact that some of the prescriptions had previously been prescribed by the treating physician.  9 months from arbitration to appeal decision.

Lawson v. Lehigh Northwest Cement, No. 5063845 (App. Aug. 25, 2020) - Claimant was found to have failed to sustain his burden of proving an injury arising out of and in the course of employment (Humphrey).  On appeal, the commissioner affirms without additional comment.  6 months from arbitration to appeal decision.

Norstrud v. Snap-On Logistics, No. 5061935 (App. Aug. 25, 2020) - Following hearing, claimant was found to have failed to timely file his claim (Palmer).  On appeal, the commissioner reverses this finding and awards claimant 100 weeks of benefits. The commissioner concludes that the opinions of Kruzich and Mooney were suspect because not based on the entirety of claimant’s work.  He concluded that although claimant knew he had a work related injury in 2014, these problems did not become constant until 2016.  Using this as the discovery date, the commissioner finds the claim was filed in a timely manner. Based on Kuhnlein’s 50 to 60 pound restrictions, a 20% industrial was found appropriate for claimant’s shoulder injury.  Healing period and medical benefits were also awarded.

Claimant also sought IME payments for an IME with Dr. Kirkland.  Defendants had sought a DME with Kuhnlein shortly before hearing and claimant sought the IME before Kuhnlein’s DME was issued.  Defendants argued that under 85.39, claiamant could not have been dissatisfied filed with the DME and thus were not entitled to payment for the IME.  The commissioner found that defendants delay in obtaining the DME, issued 31 days before hearing, was “a litigation strategy and gamesmanship.” Despite this, the commissioner finds that because 85.39 is strictly construed under DART, claimant was not entitled to payment for the IME.  15 months from arbitration to appeal decision.

Halverson v. Dyersville Food Bank, No. 5048905 (App. Aug. 24, 2020) - This claim involved two penalty issues. In the first, the deputy found claimant was not entitled to penalty because claimant had not raised penalty as a part of the petition.  The second claim resulted in a penalty award of approximately $6800 (Palmer). Both decisions are affirmed, but on the first claim the commissioner concludes penalty was inappropriate due to claim preclusion, as the claim could have been raised in the original proceeding as opposed to a RR proceeding.  The penalty award in the second claim was affirmed without comment.  9 months from arbitration to appeal decision. 

Reh v. Tyson Fresh Meats, No. 5064617 (App. Aug. 19, 2020) - Claimant was found entitled to a 10% industrial disability award for a back injury. A notice defense was denied (Grell). The commissioner affirms without additional comment. 8 months from arbitration to appeal decision.

Snyder v. Prairie View Management, No. 5061825 (App. Aug. 18, 2020) - File not found.  The underlying decision awarded benefits for an ankle injury, but denied benefits for a back and mental health injury (Grell).  Eight months from arbitration to appeal decision.

Lowe v. Midest Wrecking Co., Ltd., No.5064812 (App. Aug. 17, 2020) - Claimant was found not to have sustained his burden of proving an injury arising out of employment.  A notice claim by defendants was denied (Palmer).  The commissioner affirms without additional comment.  6 months from arbitration to appeal decision.  

Gaytan v. Packers Sanitation Services, Inc., No. 5064084 (App. Aug. 14, 2020) - In this reopening action, claimant was found not to have established a physical worsening of his condition or an economic change of circumstances and no additional benefits were awarded (Christenson).  The commissioner affirms without additional comment.  8 months from arbitration to appeal decision.  

Doan v. Sabre Industries, No. 5064776 (App. Aug. 13, 2020) - In this claim, the deputy found that claimant sustained a back injury as a result of his work.  A back surgery was also found causally related.  Because claimant had not returned to work and had not reached MMI at the time of hearing, a running healing period was awarded (Copley). The commissioner affirms without additional comment.  8 months from arbitration to appeal decision.

Wilcox v. Catholic Health Initiatives, No. 5053237 (App. Aug. 12, 2020) - Claimant was found to have suffered an aggravation of a pre-exiting back condition and was awarded permanent and total disability benefits (Walsh). The commissioner affirmed without additional comment. 8 months from arbitration to appeal decision.

Myint v. JBS USA, No. 5066579 (App. Aug. 11, 2020) - The deputy found claimant was not a credible witness and denied benefits (Palmer).  On appeal, the commissioner affirms without additional comment. 7 months from arbitration to appeal decision.

Aulwes v. John Deere Dubuque Works, No. 5065781 (App. Aug. 11, 2020) - In this action, claimant was awarded a 70% industrial disability award and a $10,000 penalty (Elliott). The commissioner affirms on both counts.  No additional comment is made with respect to the industrial award.  With respect to penalty, the commissioner provides extensive comments concerning the failure of defendant to reassess claimant’s level of disability after it became clear he could not perform his previous work, was provided with additional restrictions and had a stimulator implanted.  Defendant was found never to have reassessed claimant’s condition despite its continuing obligation to do so.  The penalty, which represented approximately 34% of the 39 weeks of benefits wrongfully denied, was affirmed.  9 months from arbitration to appeal decision.

McNitt v. Nordstrom, No. 5065697 (App. Aug. 7, 2020) - This was a case heard by Deputy Fitch and later assigned to Deputy Copley when Fitch was reassigned.  Deputy Copley found claimant PTD.  Defendants argue that Copley should have reheard the case and the commissioner rejects this assignment of error.  The commissioner noted that credibility was not an issue in the briefs before the deputy.  Claimant later testified on rehearing and this did not change the finding that claimant was credible and was a hard worker and not an “Eeyore”.  The commissioner affirms the PTD finding.  The commissioner also affirms a finding that claimant’s neck injury was not attributable to work.13 months from arbitration to appeal decision (18 days from rehearing decision).

Meade v. State Farm Mutual, No. 5059127 (App. Aug. 6, 2020) - The deputy concluded claimant had a 9% body as a whole impairment as a result of bilateral injuries under 85.34(2)(s) (Walsh). On appeal, the commissioner affirms without additional comment.  9 months from arbitration to appeal decision.

Green v. Compass Group USA, No. 5059233 (App. Aug. 6, 2020) - Claimant was found to have a 7% impairment to his left foot (Walsh). On appeal, the commissioner reversed, concluding that claimant’s injury arose out of employment.  Using the actual risk rule, the commissioner concluded that the injury did not arise out of employment.  Claimant had testified that his back had been hurting him (not work- related) and that he had to bend down awkwardly to pick up a fork that had fallen to the ground, leaning against a wall to get down to the fork.  When he did this, he felt a pop in his foot. The commissioner found there was nothing about employment that led to the injury and nothing about employment that increased the risk of injury.  The injury was merely coincidental to the fact claimant was at work.  The claim was dismissed.  8 months from arbitration to appeal decision.  

Moreno v. Cooperative Resources International,, No. 5066116 (App. Aug. 4, 2020) - Claimant was found to have a 60% industrial disability (Copley). The commissioner affirms without additional comment.  9 months from arbitration to appeal decision.

Wood v. Vermeer Mfg., No. 5061583 (App. Aug. 4, 2020) - Claimant was found to have a 35% industrial disability and this finding was affirmed on appeal (Copley). The commissioner specifically found that the deputy's finding that claimant was not credible as he exaggerated the severity of his symptoms.  The commissioner discussed the fact that although claimant's vocational expert found an 80% loss of access to the job market, his relatively low rating (5% for a back injury), medium work restrictions and the fact that claimant could return to some of his welding duties was sufficient to justify a 35% industrial award.  14 months from arbitration to appeal decision.  

Sorenson v. T.A. Bauer, No. 5059588 (App. Aug. 4, 2020) - In this case, claimant's leg injury was accepted and a brain injury was denied.  A 25% functional award was given to claimant, although there were no ratings above 10% (this was a post 7/1/17 injury)(Gerrish-Lampe). On appeal, the commissioner affirms the finding of a leg injury and denial of a brain injury.  The amount of the award is reduced to 10%, as this was the only rating provided (by Dr. Bansal).  Under 85.34(2)(x), the award was reduced to 10%, as that provision provides that nothing other than the Guides are to be considered.  7 months from arbitration to appeal decision.  

July 2020

Martinez v. Pavlich, No. 5063900 (App. July 30, 2020) - In what is the first appeal decision directly addressing the provisions of the new law, claimant was found to have an industrial disability because he suffered a loss to three scheduled members.  The commissioner concluded that since three scheduled member losses were not encompassed under 85.34(2)(t), claimant was entitled to industrial disability benefits.  The decision is somewhat odd past this point, since claimant had resigned from employment and found a job earning more money.  Claimant argued that because he was making more money, the case should be considered as a functional loss (presumably because the functional loss would exceed the industrial calculation).  Defendants argued that under 85.34(2)(v), industrial disability was appropriate since claimant had left employment.  The commissioner found that the industrial provisions of 85.34(2)(v) applied because claimant’s earlier voluntary separation from employment removed his claim from the functional impairment analysis. Ultimately, the decision as to functional loss versus industrial loss did not matter and the functional loss would have been 100 weeks of benefits and the industrial loss was found to be 20%. 8 months from arbitration to appeal decision.  Deputy Lunn authored the original decision.  

Ellis v. Gilcrest/Jewett Lumber Co., No. 5058934 (App. July 24, 2020) - Claimant was found to have suffered a 20% industrial disability (Walsh).  On appeal, the commissioner affirms without additional discussion.  Seven months from arbitration to appeal decision.  

Ross v. Eaton Corp. and SIF, No. 5050197, 5059360 (App. July 24, 2020) - Claimant was found to have suffered a second injury to her left arm and was awarded a 14% disability of the left arm.  A first injury was also found and claimant was awarded a 20% industrial disability against the fund, less credits (Gordon). On appeal, the commissioner reverses, finding that claimant failed to prove a second injury arising out of employment.  The commissioner found that the deputy's finding that claimant suffered a left arm injury while claimant was working in a light duty capacity was erroneous and that claimant had been off work when he suffered the left arm injury.  Because claimant was not working for most of 2015, the commissioner concludes that the medical opinions finding causation, which relied on the fact that claimant was working, were erroneous.  Benefits against the employer and fund were therefore denied.  16 months from arbitration to appeal decision.  

De Maldenado v. Waterloo CSD, No. 5059882 (App. July 24, 2020) - File not found. 7 months from arbitration to appeal decision.  The underlying decision was a 65% industrial award by Pals.

Hunemuller v. Weitz Construction, No. 5064471 (App. July 20,  2020) - File not found.  The underlying decision was a take nothing from Elliott.  7 months from arbitration to appeal decision.  

Funk v. Family Dollar, No. 5065352 (App. July 20, 2020) - Claimant was found to have a 37% impairment of the left lower extremity following hearing and awarded medical expenses (Christenson).  Defendants argue on appeal that the impairment rating should have been 7%.  The commissioner affirms without additional comment.  8 months from arbitration to appeal decision.  

Bahmler v. IAC Iowa City, No. 5064092 (App. July 20, 2020) - File not found.  

Mosley v. Rathbun Regional Water and SIF, No. 5043216 (App. July 17, 2020) - In an initial round of hearings, claimant was found to have sustained a hip injury.  At the time, the claim was not ripe for a permanency determination.  The case against the Fund was dismissed.  On review reopening, claimant’s injury was found to be PTD (Walsh). The commissioner affirms without additional comment. 10 months from arbitration to appeal decision.

Schmitz v. Black Hawk County, No. 5060470 (App. July 16, 2020) - A claim for an injury to the left leg was found not to be barred by the statute of limitations.  Claimant's need for a total knee replacement was found related to the work injury and medical costs were awarded (Lunn). On appeal, the commissioner affirms without additional comment.  9 months from arbitration to appeal decision.  

Bradwell v. Quaker Oats Co., No. 5059782 (Reh'g July 15, 2020) - In this rehearing of a May appeal decision, the commissioner reverses an earlier decision finding that claimant had not timely filed his hearing loss claim.  On rehearing, the commissioner finds that although claimant knew the nature and seriousness of his injury at a time that would have made his claim untimely (2014), he did not know his hearing problems were caused by work and adversely affected his employment until the report of Dr. Tyler in 2017.  Accordingly, the claim was filed in a timely fashion. Unfortunately for claimant, the commissioner concludes that a 5% award due to his tinnitus encompassed the extent of his impairment, with no further award for hearing loss.  2 months from appeal decision to rehearing decision.

Newcomb v. John Deere Davenport Works, No. 5048104, 5052805 (App. July 14, 2020) - In the first of two cases presented to the commissioner, claimant was found to be permanently and totally disabled as a result of a back injury.  In the second case, claimant was found to have suffered a knee injury and was awarded a 37% impairment as a result of a knee replacement.  Claimant’s rate was considered without consideration of claimant’s bonus, per the commissioner’s declaratory order on this issue.  The commissioner affirms without additional comment. 14 months from arbitration to appeal decision.  

Rodriguez v. DHL Supply Chain, No. 5064266 (App. July 14, 2020) - In this claim, the deputy concluded claimant’s injury manifested over a year after the occurrence and found that claimant had timely filed the claim (Pals). A 60% industrial award was ordered by the deputy.  The commissioner affirms without additional comment.  9 months from arbitration to appeal decision.

Streif v. John Deere Dubuque Works, No. 5068621 (App. July 10, 2020) - Claimant suffered an injury that was found to be to the hand (Christenson).  On appeal, defendant argued that the injury was to the finger.  The commissioner affirmed that the injury was to the hand, finding that an injury to the MP joint extended the injury into the hand.  Under 85.34(2)(x), the extent of the injury was limited to the AMA ratings, which I. This case were 21% of the hand per Dr. Taylor.  7 months from arbitration to appeal decision.

Kurdic v. Tyson Fresh Meats, No. 5055279 (App. July 10, 2020) - Claimant suffered bilateral upper extremity injuries and was found to be PTD under 85.34(3) due to these conditions and a mental health injury (Walsh). Defendants appeal, arguing that claimant was not PTD and her injuries were to be compensated under 85.34(2)(s). On appeal, the commissioner concludes that although claimant credibly testified at hearing, the evidence did.not demonstrate she was permanently and totally disabled.  The commissioner found there was nothing in the record to suggest claimant was precluded from work and also found that claimant was not motivated to return to work. The commissioner also reversed the finding that claimant had mental health problems as a result of her injuries.  The commissioner adopts Dr. Hines impairment ratings, which amounted to a 35% impairment to the body as a whole.  10 months from arbitration to appeal decision.

Bailey v. Cemen Tech, No. 5064181 (App. July 8, 2020) - Claiamant was found to have suffered an 11% injury to the right hand (Elliott). On appeal, the commissioner affirms without additional comment.  8 months from arbitration to appeal decision.  

Sawyer v. Tri-State Cast Technologies and SIF, No. 5061623 (App. July 7, 2020) - The deputy concluded that claimant’s eye injury extended into the body and found claimant’s injury was industrial.  Permanency was found not to be ripe for determination.  Benefits against the Fund were denied (Gerrish-Lampe).  The commissioner affirms without additional comment.  9 months from arbitration to appeal decision.  

Hansen v. Corvel Corp., No. 5062631 (App. July 6, 2020) - At hearing, claimant’s allegations were denied due to lack of timely notice.  Claimant had alleged a left lower extremity and right hip injury.  Claimant was found to have a 5% impairment of the right upper extremity (Gordon). The commissioner affirms, but uses different reasoning to reach the same result.  The commissioner concludes that claimant failed to establish her left lower extremity and right hip injuries arose out of her work, relying on the opinions of Dr. Christopher Nelson, who found that if claimant suffered hip pain immediately following the injury, it would be related, but if not, it was not related.  Since there was no contemporary complaint of hip pain, the commissioner concluded the injury did not arise out of employment. The commissioner gave credence to the deputy’s conclusion that claimant was not credible. Dr. Kuhnlein’s conclusions were discounted as being based on claimant’s  unsubstantiated claims.  Given the finding of a lack of causation, the commissioner found that the notice issue was moot. 15 months from arbitration to appeal decision.

Tristan v. Millwright Service, No. 5064592 (App. July 1, 2020) - Claimant was found non-credible and the deputy found claimant had not established a work related injury (The commissioner affirms without discussion.  8 months from arbitration to appeal decision.

June 2020

Hagar v. Staff Management Solutions and SIF,  No. 5064069 (App. June 30, 2020) - In this decision, claimant was found to have a first injury to her eyes and a second injury to her left leg.  30% industrial was awarded against the Fund.  The deputy concluded that claimant’s injury did not extend to the back.  The commissioner affirms without additional comment.  9 months from arbitration to appeal decision.  

Killer v. Menard’s Inc., No. 5063551 (App. June 30, 2020) - This is a take nothing decision that is affirmed without comment by the commissioner (Christenson).  9 months from arbitration to appeal decision. 

Calderon v. ADM, No. 5063681 (App. June 30, 2020) - Claimant took nothing following hearing (Christenson).  The commissioner affirms without further discussion.  11 months from arbitration to appeal decision.  

Harrington v. Unity Point Health Des Moines, No. 5064753 (App. June 29, 2020) - This is a take nothing decision in which the claimant continues to take nothing on appeal, with no discussion by the commissioner (Pals).  The deputy found there was no permanent impairment. 8 months from arbitration to appeal decision.  

Hudson v. Oakland Healthcare Management, No. 5064320 (App. June 22, 2020) - The arbitration decision concluded claimant failed to meet her burden of proof (Copley). The commissioner affirms without comment. 9 months from arbitration to appeal decision. 

Kaesbauer v. Estes Express Lines, Inc., No. 5064405 (App. June 22, 2020) - Claimant was found to have failed to meet his burden of proof (Christenson). On appeal, the commissioner affirms without additional comment.  10 months from arbitration to appeal decision.

Merino v. EMCO Enterprises, No. 5064022 (App. June 19, 2020) - Claimant was found to have a 40% industrial disability (Palmer). The commissioner affirms.  In his decision, the commissioner addresses the medical opinions of Dr. Munson and Dr. Bansal and concludes the deputy correctly relied on the opinion of Dr. Bansal despite the fact that Dr. Munson was the treating physician.  Dr. Munson had indicated he could not make an opinion concerning causation, but did not exclude causation.  The commissioner also found that claimant was motivated to return to work after her injury and sustained the 40% award.  6 months from arbitration to appeal decision. 

Wilimek v. CE Ex Harvest States, No. 5064037 (App. June 18, 2020) - Claimant was found not to have established a work related injury (Christenson). On appeal, the commissioner affirms without additional comment. 8 months from arbitration to appeal decision.  

Schmidt v. City of Waterloo, No. 5061305 (App. June 17, 2020) - Claimant was found entitled to a 25% industrial disability and was found credible (Grell). On appeal, the decision was affirmed without additional comment.  9 months from arbitration to appeal decision.  

Patrick v. Pure Fishing, No. 5064700 (App. June 17, 2020) - Benefits were denied to claimant, who was found to have failed to meet her burden of proof.  Claimant was found not credible (Pals). On appeal, the commissioner affirmed without additional comment.  9 months from arbitration to appeal decision.

Stallman v. Quaker Oats Company, No. 5065202 (App. June 16, 2020) - Claimant was found to have suffered injuries to the left and right hands under 85.34(2)(s) and benefits were awarded based on the ratings of Dr. Pardubsky (14% body as a whole).  The commissioner affirms and specifically finds that Dr. Pardubsky's opinions were the most convincing, discounting the opinions of a nurse practitioner, a doctor who had not examined claimant (a Dr. Goren from New Jersey) and a DME by Dr. Jameson, who did not address whether claimant had suffered an aggravation of a preexisting condition as a result of work. 

Toler v. Midwest Cornerstone Property Management, No. 5066128 (App. June 15, 2020) - File Not Found.  7 months from arbitration to appeal decision.  The underlying decision by Grell involved the application of 85.16(2)(b)(2) to a claimant who tested positive for marijuana under the new law.  Claimant was found not to have disproved the presumption that he was intoxicated at the time of the injury and benefits were denied.  This is Niko's case.

Kibbe v. I-35 Auto and Truck, LLC, No. 5061492 (App. June 12, 2020) - Claimant was found to have suffered injuries to his right hand and right knee and was awarded 25 weeks of benefits (Lunn). Claimant appeals, alleging the award should have been substantially greater.  The commissioner affirms without additional comment.  9 months from arbitration to appeal decision.  

Isbell v. Dee Zee, Inc., No. 1619855.01 (App. June 11, 2020) - This claim was for payment for an IME, which was granted by the deputy.  On appeal, the commissioner reversed, finding that defendants’ doctor had not issued a rating, only an opinion on causation.  The commissioner cited his earlier decision in Reh v. Tyson Foods, Inc., No. 5053428 (App. March 26, 2018) and clearly stated that if a doctor makes a “no causation” finding without providing a rating, this is not sufficient to trigger 85.39.  The case seems designed to challenge the commissioner’s cramped reading of 85.39, as defendants had already admitted an injury.  11 months from arbitration to appeal decision.

Monticello v. Smithfield Foods, No. 5063256 (App. June 11, 2020) - The deputy concluded that claimant had suffered a 38% lower extremity injury and ordered defendant to pay claimant’s IME (Walsh). The commissioner affirmed on the merits, but reversed the IME award on the grounds that defendant’s doctor had only issued a decision on causation and had not provided a rating.  Therefore, according to the commissioner, payment was not triggered under 85.39. 13 months from arbitration to appeal decision.

Blake v. SIF, No. 5059628 (App. June 10, 2020) - The arbitration hearing concluded that claimant failed to establish a first (eye) injury and dismissed the case against the Fund (McGovern). On appeal, the commissioner affirms without additional comment.  10 months from arbitration to appeal decision.

Moore v. ConAgra Foods, No. 5063847 (App. June 9, 2020) - Claimant was found to have sustained a 40% industrial disability (Palmer). The commissioner affirms without comment. 9 months from arbitration to appeal decision.

Borg v. Rhodes Auto Service Center,  No. 5046635 (Remand June 8, 2020) - On an earlier appeal, claimant was found to have sustained a 90% industrial disability.  On PJR, the district court granted claimant’s request to provide additional evidence and the case was remanded. A later order from the district court allowed defendants to submit a vocational report.  After considering the new evidence, which included a letter from a successor employer indicating that they would not continue to employ claimant, the commissioner finds that claimant is permanently and totally disabled.

Land v. Tri-City Electric, No. 5061334 (App. June 8, 2020) - Claimant was found to have sustained reactive airways disease as a result of his employment.  A 20% industrial award was provided (Grell). On appeal, the commissioner affirms without additional comment. 13 months from arbitration to appeal decision.

Huff v. CRST Expedited, No. 5063162 (App. June 5, 2020) - At hearing, claimant was found to be in a running healing period.  The deputy concluded the agency lacked jurisdiction to consider a claim for alternate medical care with respect to accessible housing, transportation services and in-home nursing services.  Some additional alternate medical care claims were denied (Palmer). Claimant appeals on a rate issue, on the finding that the claim was not ripe for determination and on rate.  Defendant appeals on rate.  The commissioner affirms the finding that claimant's case was not ripe for a permanency adjudication.  The deputy's rate of $457.31 was reduced to $427.54, based on a finding that certain weeks could not be included because they were unrepresentative because they were too high (defendants had previously paid benefits at $375.44).  The commissioner rejected claimant's claim for penalty on the rate issue, reversing the decision of the deputy.  The deputy had also allowed $6500 for Dr. Leber's life care report and that was reduced to $750.00.

On the issue of alternate medical care, the commissioner concludes that the agency continued to have jurisdiction over the issues of alternate medical care presented at the arbitration hearing (although not over two earlier alternate care proceedings).  The commissioner finds that Claimant is not entitled to the entire cost of housing as a result of his disability, but concludes that a wheelchair accessible entry and exit from the residence was a necessary appliance for claimant's condition. Bathroom modifications were also awarded.  Kitchen modifications and modifications to the bedroom or closet were denied. Claimant's request for a van was also denied, with the commissioner finding that claimant could not feasibly operate a motor vehicle given his condition.  Paratransit services were found to be a necessary appliance.  Treatment with a physiatrist was also denied.  24 months from arbitration to appeal decision.  

Loza Martinez v. Curly’s Foods, No. 5060170 (App. June 3, 2020) - Claimant was awarded a 75% industrial disability (Gerrish-Lampe). Defendants appeal.  The commissioner affirms without additional comment.  10 months from arbitration to appeal decision.

May 2020

Allred v. ABF Freight System, No. 5054119 (App. May 29, 2020) - Claimant was found not to have demonstrated a permanent disability (Pals).  On appeal, the commissioner affirms with no additional comment. 10 months from arbitration (rehearing decision) to appeal decision.

Bradwell v. Quaker Oats Co., No. 5059782 (App. May 28, 2020) - Following hearing, claimant’s tinnitus claim was dismissed for failure to file within the statute of limitations (Elliott). Without additional analysis, the commissioner affirms the arbitration decision.  12 months from arbitration to appeal decision.

Flores v. Marriott Hotel Services, No. 5061520 (App. May 28, 2020) - Claimant was found to have a 20% industrial disability (Christenson). On appeal, the commissioner’s designee (Lunn) affirms without discussion.   12 months from arbitration to appeal decision.

Ostwinkle v. Kathy Construction Co., No. 5052718, 5052719 (App. May 28, 2020) - In this review reopening case, the deputy concluded that claimant had not established a worsening of a right shoulder condition sufficient to increase a 40% industrial disability.  In a separate RR proceeding, claimant’s back injury was found to have produced a 70% industrial disability.  Claimant appeals. On appeal, the commissioner affirms the decision of the deputy.  12 months from arbitration to appeal decision.

Thompson v. Curries Mfg., No. 5061992 (App. May 22, 2020) - In this action, the deputy concluded that claimant had sustained a 20% industrial disability for a first injury and a 30% industrial disability for a second injury, with a total of 30% awarded (Palmer).  The commissioner affirmed without additional analysis.  13 months from arbitration to appeal decision.

Walker v. Quaker Oats Company, No. 5044625 (App. May 21, 2020) - Claimant was found eligible for a partial commutation.  On appeal, the commissioner affirms.  The commissioner notes, as had the deputy, that claimant’s plan to spend $100,000 on a home for a child was “somewhat troubling” but affirms finding that the benefits of the partial commutation outweighed any particular deficits.  13 months from arbitration to appeal decision.

Sparks v. P and J Equipment Corp., No. 5058524 (May 18, 2020) - Claimant was found to have sustained a 55% industrial disability based on injuries to his back and to phantom pain syndrome from a right leg amputation.   Ongoing care with a physician other than McMains and Broghammer was awarded (Walsh).  The commissioner affirms the award and the finding that the back injury arose out of claimant's employment.  On the phantom pain issue, although the defendants apparently did not appeal this issue, the commissioner addresses the issue. The commissioner states that Dowell v. Wagner does not mandate an award of industrial disability in the case of phantom pain. The commissioner notes that in this case, the phantom pain issue was sufficiently disabling to be considered a separate and distinct impairment.  Claimant had consulted with a pain psychologist at UIHC and continued to have pain in his missing limb.  13 months from arbitration to appeal decision.  

Galle v. Flynn Company, Inc., No. 5058981 (App. May 15, 2020) - Claimant was found to have an aggravation of a back injury and was awarded a 50% industrial disability (Gordon).  The commissioner affirms the decision in total.  The commissioner addresses issues of whether claimant's injury arose out of his employment.  Based on claimant's testimony and the credibility finding made by the deputy, the finding of compensability is affirmed.  The commissioner notes that claimant's testimony as to why he did not report the injury immediately was supportive of this finding.  14 months from arbitration to appeal decision.  

Nuhanovic v. Tyson Fresh Meats, Inc., No. 5059062 (App. May 15,  2020) - Claimant was found to have an aggravation of a pre-existing neck injury and was awarded a 70% industrial disability (Elliott).  Defendant appeals.  On appeal, the commissioner affirms the finding of compensability and 70% award without comment.  The commissioner, however, reduces costs by $450, because this was identified by the doctor as a chart review.  The costs of the report are allowed.  11 months from arbitration to appeal decision.  

Stretcher v. CNH Industrial America, LLC, No. 5065715 (App. May 14, 2020) - File not found.  The arbitration decision is not reported.

Clark v. Ben Shinn Trucking, Inc., No. 5065327 (App. May 12, 2020) - Claimant was found eligible for an 80% industrial disability award (Gordon).  Defendants appeal and claimant cross-appeals.  Without additional comment, the commissioner affirms the award.   13 months from arbitration to appeal decision.  

Davis v. Lennox Industries, Inc., No. 5063703 (App. May 8, 2020) - Claimant was awarded a 20% industrial disability and provided a rate of $512.70 (Elliott).  Defendants appeal, arguing that the industrial disability award was too high and that the deputy erroneously included premium pay in determining the rate.  On appeal, the industrial award was affirmed without comment.  Based on claimant's explanation that his vacation pay was not higher than his regular hourly rate, the commissioner found that claimant had not had premium pay calculated in determining the rate and the $512.70 rate was affirmed.  9 months from arbitration to appeal decision.  

Martinez v. Packers Sanitation Services, Inc., No. 5060452 (App. May 8, 2020) - Claimant was awarded a 20% industrial award, medical expenses and costs for an FCE (Gordon).  The industrial disability determination was affirmed without comment.  With respect to medical care, claimant testified that the unauthorized care she received, including PT, muscle relaxants and an injection, was somewhat helpful in relieving her symptoms.  Because the treating physician released her without additional recommendations for treatment, given claimant's  testimony, the commissioner found the care was reasonable and beneficial under Bell Brothers.  In keeping with earlier decisions, the commissioner denied payment for the FCE because it was not authorized by a medical provider.  14 months from arbitration to appeal decision.  

Hansen v. Mercy Medical Center, No. 5059252 (App. May 8, 2020) - Claimant was awarded temporary benefits and medical benefits.  Penalty benefits were denied (Gordon).  Defendants appeal and claimant urges affirmance.  The commissioner affirms without additional comment.  11 months from arbitration to appeal decision.  

Lawrence v. A.Y. McDonald Mfg. Co., No. 928126 (App. May 7, 2020) - Claimant applied for partial commutation.  The deputy found that claimant failed to demonstrate the partial commutation was in his best interest (McGovern).  Without additional discussion, the commissioner affirms.  12 months from arbitration to appeal decision.  

Jackson v. Bridgestone Americas Tire Operations, LLC, No. 5060852 (App. May 7, 2020) - Claimant's estate alleged that his suicide arose out of his employment with the employer.  At hearing, the deputy found that claimant was not entitled to recovery (Copley). Without further comment, the commissioner affirms.  14 months from arbitration to appeal decision.  

Foster v. East Penn Mfg. Co., Inc. No. 5061342 (App. May 6, 2020) - Claimant was found to have established eligibility for TTD benefits and medical expenses and was awarded penalty of $2390.41 (Christenson).  Defendants appeal and the commissioner affirms without additional comment.  12 months from arbitration to appeal decision.  

Hawkins v. CRST Van Expedited, Inc., No. 5056212 (App. May 6, 2020) - Claimant was found to have failed to carry his burden of proving a permanent disability (Grell).  On appeal, this finding was affirmed.  The denial of IME costs, which were raised for the first time on appeal, was also affirmed.  16 months from arbitration to appeal decision.

Botella-DeSilva v. IAC Iowa City LLC, No. 5047339 (Remand May 6, 2020) - File not found.  This case had previously been remanded to the agency, which awarded 4.4 weeks of benefits and penalty benefits of $2500.  

Triplett v. OMG dba Hallett Materials, No. 5056594 (App. May 6, 2020) - The deputy decision in this case rejected defendants' notice defense and awarded a 75% industrial disability (Elliott).  On appeal, the commissioner's designee (Copley) also rejects the notice defense, based largely on the credibility findings of the hearing deputy.  The appeal decision goes on, however, to reduce industrial disability benefits from 75 to 50%.  This is based largely on the fact that claimant's restrictions were only on his ability to lift more than 50 pounds, which did not preclude his ability to return to many of his former jobs. In addition, claimant failed to search for any jobs.  On the issue of costs, IME costs were limited to the preparation of the report under 876 IAC 4.33. 11 months from arbitration to appeal decision.  

April 2020

Schadle v. Union Community School District, No. 5057454 ( App. April 21, 2020) - Claimant was found to have suffered injuries to her hip and shoulder, among other injuries.  A 60% industrial award was provided.  A $1500 penalty was also imposed (Palmer).  On appeal, the commissioner affirms without further discussion.  9 months from arbitration to appeal decision. 

Jackson v. Chep Recycled Pallet Solutions, No. 5061686 (App. April 20, 2020) - Claimant was provided with a take nothing decision from the deputy (Palmer). On appeal, the commissioner affirms, finding that the conclusions of the IME physician (Taylor) were not persuasive and also concluding that the deputy's finding that claimant was not credible was correct.  The commissioner concludes that video surveillance of claimant was inconsistent with the symptoms he was reporting to his physicians.  11 months from arbitration to appeal decision.

Toledo v. Aimbridge Hospitality Holdings, No. 5065720 (App. April 16, 2020) - Claimant was found to have sustained a left shoulder injury and was awarded a 70% industrial disability (Copley). Additional healing period benefits were also awarded.  On appeal, the commissioner affirms without additional comment. 9 months from arbitration to appeal decision.

Edwards v. Brock Atlantic Services, No. 5059300 (App. April 15, 2020) - Claimant was found to have a 40% industrial disability (Gordon). The claimant affirms without additional comment. 9 months from arbitration to appeal decision.  

Axtell v. Nordstrom Distribution Center, No. 5063791 (App. April 15, 2020) - Claimant was found not to have established  permanent disability (Pals).  The commissioner affirms without additional comment.  8 months from arbitration to appeal decision.  

Rizvic v. Titan Tire, No. 5058293 (App. April 14, 2020) - The arbitration hearing in this case found that claimant had a permanent pain syndrome as a result of a work related electrocution (Walsh).  Claimant was awarded permanent total disability. On appeal, the commissioner reverses the decision and finds that claimant did not establish a permanent pain syndrome.  The commissioner noted that claimant's treating physician found there was symptom magnification.  A DME by Dr. Schmitz concluded that there was no anatomic support for claimant's condition.  Although the deputy found claimant was generally credible, the commissioner found reversed those findings based on the fact that claimant's complaints were inconsistent, magnified and otherwise not credible.  Claimant was found not to have sustained any permanent disability.  10 months from arbitration to appeal decision.  

Williams v. Worldwide Integrated Supply Chain Solutions, No. 5064110 (App. April 10, 2020) - Claimant’s injury was found to be the result of an idiopathic fall and benefits were denied by the deputy (Grell).  The commissioner affirms the decision without additional discussion.  9 months from arbitration to appeal decision.

Healy v. Gutenberg Care Center, No. 5039363 (App. April 9, 2020) - In this review-reopening action, claimant was awarded an additional 10% industrial disability following the arbitration decision (Grell).  The commissioner affirms without additional discussion other than to defer to the deputy on credibility issues.  14 months from arbitration to appeal decision.

Dunlap v. Varied Industries, No. 5051639 (App. April 9, 2020) - In this review- reopening action, claimant was awarded intermittent healing period benefits, found to have reached MMI and awarded PTD benefits (Palmer). On appeal, the commissioner affirms without further discussion.  10 months from arbitration to appeal decision.

Cain v. City of New Hartford, No. 5048974 (App. April 8, 2020) - In this penalty only action, claimant was awarded a 15% penalty for failure to pay an arbitration award in a timely manner (Fitch). On appeal, the commissioner reverses the award of penalty benefits. The commissioner finds that an unreasonable delay can occur even prior to the lapse of the appeal period, citing Schadendorf,   In this case the arbitration decision occurred on October 30 and payment was not made until January 12, two days after a ruling on a motion for enlargement.  The commissioner concludes that defendant was under no duty to re-evaluate their position not to pay the award and particularly the interest portion of the award and concludes that it was fairly debatable whether the award should have been paid and denies penalty benefits. 12 months from arbitration to appeal decision.

Simons v. Masterbrand Cabinets, No. 5061998 (App. April 7, 2020) - Claimant was found to have sustained a hip injury and was awarded a 10% industrial disability in addition to a $6000 penalty (Christenson). These findings were affirmed by the commissioner.  Defendants also made an argument that because TTD benefits were not in issue at hearing, the deputy’s ruling on rate deprived them of due process when it was applied to increase the rate for TTD paid.  The commissioner concluded this did not deny due process.  12 months from arbitration to appeal decision.  

Peterson v. Akin Building Center, No. 5057582 (App. April 6, 2020) - Claimant was found to have a temporary injury, but permanency benefits were denied.  Claimant appeals, urging a 60% industrial disability (Fitch).  The commissioner affirms on the issue of temporary and permanency benefits, but reverses the award of costs for one-third of the FCE.  The commissioner finds that because the FCE was not ordered by a treating or evaluating physician, it was not payable as a cost.  Payment for the IME as a cost was also denied, as claimant failed to establish which portion of the IME was for the report and which for the evaluation.  12 months from arbitration to appeal decision. 

Corbin v. Pro Platinum Construction, No. 5059031 (App. April 6, 2020) - Claimant was found to be an employee of defendant and was awarded a 12% impairment to the left leg (Elliott).  Without further analysis, the commissioner affirms the opinion of the deputy. 13 months from arbitration to appeal decision.

Driscoll v Cargill, Inc. No. 5058759 (App. April 3, 2020) - Claimant was found to have sustained a disablement under Chapter 85A of the Code.  Claimant was found to have sustained a 40% industrial disability.  Defendants notice defense was rejected (Elliott).  On appeal, the commissioner affirms, with additional analysis.  The deputy had found claimant's date of disablement was December 30, 2015, the day after she left work.  The commissioner finds that claimant, although she had no specific work-related restrictions, had presented medical reports from all physicians indicating she needed environmental restrictions.  Because the exposure had exacerbated claimant's condition and she could not return to her prior work, the commissioner affirmed the disablement date as December 30.  With respect to notice, although written notice was not provided, the commissioner concluded defendants had actual knowledge because claimant, in her exit interview, indicated she was claiming a work-related lung or breathing injury.  The 40% award was affirmed without additional comment.  13 months from arbitration to appeal decision.  

March 2020

Niday v. Roehl Transport, No. 5048754 (Remand March 30, 2020) - The agency originally found that it lacked jurisdiction as claimant, a truck driver, was not working under a contract made in Iowa.  Ultimately, the Court of Appeals reversed and the case was remanded to the agency.  On remand, claimant was found to have been working under a contract made in Iowa.  On the merits, the commissioner concluded that claimant's heart condition arose out of his employment, as claimant's heavy physical exertion had substantially caused, or aggravated a preexisting heart condition.  Claimant was found eligible for temporary benefits and a 20% industrial disability (claimant had a 10% impairment, 40-50 pound lifting restrictions and a slight increase in earnings).  Medical costs were awarded. 

Jones v. Wal-Mart, No. 5063564 (App. March 30, 2020) - At hearing, claimant was found to have an unexplained fall and the deputy found that concrete floors presented an actual risk of injury.  Despite this, however, claimant's claim was denied, as his injury occurred an hour and forty-five minutes before his shift was to begin and the injury was found not to be in the course of employment (Grell). On appeal, the commissioner concludes that claimant's arrival an hour and forty-five minutes before his shift was unreasonable and consequently the injury was not in the course of employment.  Because claimant must meet both tests (arising out of and in the course of) the deputy's findings on arising out of were not adopted as they were not necessary for decision.  13 months from arbitration to appeal decision.

Wyatt v. Bertch Cabinet Mfg., No. 5060912 (App. March 30, 2020) - Following hearing, claimant was found not to have sustained a permanent impairment to his shoulder (Copley).   Dr. Kuhnlein's costs were denied both as an IME and as a cost.  The commissioner affirms without further comment.  11 months from arbitration to appeal decision. 

Barnhart v. John Deere Dubuque Works, No. 5065851 (App. March 27, 2020) - In this action, claimant was found to have suffered a 14.5% hearing loss as a result of employment.  Defendant’s argument that claimant filed an untimely claim was rejected (On appeal, the commissioner affirms as to the hearing loss, finding that Dr. Tyler’s opinions were to be credited.  Because claimant filed his hearing loss claim within two years of his retirement, the claim was found to be timely filed. Payment for Dr. Tyler’s IME was denied because it was not preceded by an opinion regarding the extent of impairment, only a report denying causation.  The claim under 4.33(6) was denied because Dr. Tyler did not distinguish between his report and examination costs. 12 months from arbitration to appeal decision.

Resaves v. Genuine Parts Company, No. 5059851 (App. March 25, 2020) - File not found.  14 months from arbitration to appeal decision. The underlying decision was a take nothing decision from  Deputy Grell.

Nolan v. City of Davenport, No. 5014177 (App. March 25, 2020) - Claimant was found to be permanently and totally disabled. Defendant filed a review reopening petition and claimant moved for partial commutation.  The partial commutation was granted and review reopening denied (Palmer). On appeal, the commissioner ER affirms without further discussion.  10 months from arbitration to appeal decision.

Short v. River Bend Industries, No. 5057459 (App. March 24, 2020) - File Not Found.  The underlying decision was an award of running healing period benefits by Grell.  14 months from arbitration to appeal decision.

Becirovic v. Trinity Health Corp., No. 5063498 (App. March 24, 2020) - Claimant was found entitled to an 80% award of benefits, but was denied penalty benefits (Palmer). On appeal, the commissioner affirmed that claimant suffered a permanent mental health sequella as a result of the work injury and suffered an 80% industrial.  The commissioner reverses, however, with respect to medical benefits from UIHC, which had been denied. The commissioner finds that care with UIHC was reasonable and beneficial and provided a more favorable outcome than the care offered by defendants (none).  On penalty, the commissioner finds that claimant's  restrictions prevented her from performing her former work and that the 5% proffered by the defendants, even following termination from her position was not supported by reasonable cause or excuse.  The commissioner finds that it would have been reasonable for defendants to have paid at least 20% and awards 25% of the additional 15% as a penalty.  15 months from arbitration to appeal decision. 

Umble v.  Principal Life Insurance Co., No. 5065077 (App. March 23, 2020) - Claimant was awarded a 15% industrial disability following hearing (Copley) and on appeal, the commissioner affirms. The commissioner concludes that the reliance on Dr. Bansal over Dr. Aviles was appropriate.  The commissioner finds that claimant did not return to baseline following his surgery and did not become pain free.  The commissioner concludes that although claimant was able to return to the sedentary work he had performed throughout his life, he was not able to engage in physical activities and w as precluded from doing so in the job market.  19 months from arbitration to appeal decision.  

Crabtree v. Tri-City Electric Company, No. 5059572 (App. March 20, 2020) - Following hearing, claimant was found to have an 80% industrial disability.  Both parties appeal.  On appeal, the 80% industrial award is affirmed (Christenson). The commissioner concludes that permanency benefits commenced on July 24, 2017 rather than December 2015.  The commissioner concluded that the original return to work date was not the date of commencement because claimant had not even entered his healing period at that juncture.  Citing Evenson v. Winnebago Industries.  Claimant was not taken off work until October 2016 and did not return to work until July 2017.  Thus, the first return to work was in July of 2017.  14 months from arbitration to appeal hearing.

Pohl v. City of Davenport, No. 5056430 (App. March 19, 2020) - File not found.  The underlying arbitration decision is not listed in the WC decisions, so the deputy, results or time from arbitration to appeal decision is unknown. 

Grugan v. Wal-Mart Stores, No. 5063207 (App. March 16, 2020) - Claimant was awarded 70% industrial disability following the arbitration decision (Elliott). On appeal, the commissioner reduces the award to 35%.  The commissioner finds that defendants’ FCE, adopted by Dr. Harbach, limited claimant to medium work. An FCE from a prior injury had also limited claimant to medium work. She worked primarily in customer service and was largely capable of performing that work after the injury.  The commissioner finds that a  35% industrial is appropriate.  Defendants were denied credit  against permanency for benefits that were temporary in nature. 15 months from arbitration to appeal decision.

Browder v. Labor Ready, No. 5064765 (App. March 13, 2020)  - In this pro se action, claimant’s claim was dismissed on summary judgment because he filed his action outside the statute of limitations.  On appeal, the commissioner affirms.  In affirming, the commissioner notes that claimant’s injury was on September 16, 2015.  The claim was filed on August 23, 2018.  The commissioner rejects arguments made by the claimant that the failure to file a first report tolled the statute, among other arguments.  10 months from arbitration to appeal decision.

Trammel v. Keokuk County Health Center, No. 5065163 (App. March 13, 2020) - In this action, claimant was awarded a 45% industrial disability (Elliott).  The commissioner affirms without additional comment.  15 months from arbitration to appeal decision.  

Connell v. Nestle USA, No. 5036505 (App. March 12, 2020) - File not found.  The underlying decision was a grant of a partial commutation by Deputy Walsh.  13 months from arbitration to appeal decision.

Werner v. NCI Building Systems, No. 5044478 (App. March 12, 2020) - Claimant was found to be permanently and totally disabled based on back issues and mental health issues (Pals).  On appeal, the commissioner affirms.  The only additional discussion concerned the sua sponte decision of the deputy to exclude two depositions of claimant proffered by defendant.  The commissioner finds that it was error to exclude these documents, as claimant did not object to these documents and there was no good reason to exclude the documents.  Although the documents were included, the commissioner found that these documents did not change the ultimate result and the PTD award was affirmed.  14 months from arbitration to appeal decision.  NOTE:  an amended and substituted decision was filed on March 16.  The same substantive result is reached and the PTD award was affirmed. The Order section specifically includes the two depositions. 

Clark v. Sedona Staffing, No. 5054351 (App. March 11, 2020) - At hearing, claimant was found to have a 13% impairment of the left arm attributable to work.  Alternate medical care was awarded to claimant (Grell). On appeal, the commissioner’s designee (Palmer) affirmed without additional comment. 14 months from arbitration to appeal decision. 

Booker v Park Fair Ace Hardware and SIF, No. 5065816 (App. March 9, 2020) - In this action, claimant was awarded a 35% industrial award as a result of phantom pain in the left finger and hand. An injury to the right knee was found to cause only temporary disability (Gerrish-Lampe). On appeal, the commissioner affirms the finding that the knee injury was only temporary.  With respect to the phantom pain injury, the commissioner concludes that although Dowell v. Wagner allows for industrial consideration for phantom pain, claimant’s phantom pain in this case did not merit such treatment.  The commissioner found that claimant received no treatment for phantom pain, as had been the case in Dowell.  Futhermore, the pain and disability did not extend beyond claimant’s hand into the body as a whole.  The commissioner disagreed with the deputy that claimant’s phantom pain limited his ability to perform job related tasks.  Because the injury was limited to the hand, the commissioner addressed SIF benefits.  Unfortunately for claimant, the commissioner goes on to find that claimant’s alleged first injury to the left ankle, did not result in a permanent impairment.  SIF benefits were therefore denied.  15 months from arbitration to appeal decision.

Harland v. Trinity Health Corporation, No. 5062844 (App. March 3, 2020) - The arbitration decision concluded claimant had failed to meet her burden of demonstrating that her neck and shoulder shoulder problems were related to work (Fitch). The commissioner affirms without additional comment.  14 months from arbitration to appeal decision.  

Azbill v. Linn Mar Community School District, No. 5060942, 5060943 (App. March 2, 2020) - Defendants appeal from decisions from two injuries to claimant.  In the first action, claimant was found to have a 20% impairment of the left upper extremity.  Penalty benefits of $6600 were awarded.  In the second action, claimant was found eligible for temporary benefits, but permanency was found not to be ripe.  Penalty in this action was denied (Pals).  The commissioner affirms without comment.  13 months from arbitration to appeal decision.

February 2020

Randal v. Hillyard, Inc., No.5063740 (App. Feb. 28, 2020) - File not found.  The underlying decision resulted in a 65% industrial award by Copley.  14 months from arbitration to appeal.

Bigley v. Donaldson Co., No. 5061014 (App. Feb. 25, 2020) - Claimant was found to have sustained a 45% industrial disability as a result of a shoulder injury.  Penalty benefits of $7500 were also assessed (Walsh).  The commissioner affirms the decision.  The commissioner finds that claimant had reached MMI and was entitled to permanency benefits.  The award of penalty benefits was also affirmed because there was an unreasonable delay between when claimant was placed at MMI and when defendants requested an impairment rating (roughly 14 weeks).  Defendants were also found not to have reasonably investigated claimant's shoulder injury and the penalty award of 40% was affirmed.  13 months from arbitration to appeal decision.  

Carney v. Shivvers, Inc. and SIF, No. 5051675 (App. Feb. 24, 2020) - Although claimant was found to have a 6% injury to the left leg as a second injury, the deputy found there was no first injury and this no claim against the Fund (Fitch). Without additional comment, the commissioner affirms.  14 months from arbitration to appeal decision. 

Acebedo v. Hy-Vee, Inc., No. 5066051 (App. Feb. 24, 2020) - At hearing, claimant was found to have sustained an injury.  Temporary benefits were denied by the employer when claimant was said to have voluntarily quit her job (Gordon).  Claimant argues she is entitled to a running award of healing period.  The commissioner affirms the underlying decision.  The commissioner finds that the employer offered suitable work to claimant.  Claimant left work without having secured FMLA leave approval.  The commissioner finds this is enough to demonstrate a voluntary quit sufficient to deny TTD benefits, as claimant knew when she left for Mexico that her FMLA had not been approved.  She was subsequently found to be a no-call, no-show and the commissioner finds that the consequences of this decision were to claimant's detriment. 14 months from arbitration to appeal decision.  

Bailey v. Mid-Plains Insulation, No. 5054523 (App. Feb. 21, 2020) - Claimant was denied termporary benefits because defendants demonstrated that his misconduct and subsequent firing was equivalent to a refusal of suitable work (Claimant was found to be threatening another employee and waving a knife at him).  It was also found that claimant had not reached MMI, so permanency could not be determined.  Recovery of overpayments was not allowed, as such benefits could only be recovered against a future injury (Christenson).  The commissioner affirms, and adds further comment on the healing period overpayments of $50,000.  The commissioner finds that Swiss Colony v. Deutmeyer is not applicable because that case involved 85.34(5) and this case involved 85.34(4).  So long as defendants act in good faith, the overpayment of TTD benefits is to be credited against the liability for PPD. 

Sandberg v. Croell Redi-Mix, No. 5060861 (App. Feb. 21, 2020) - Claimant was found to have a 25% industrial disability.  Defendants were found entitled to a credit against a future injury of $1200 for an overpayment of TTD benefits (Copley). The commissioner affirms the industrial award without comment.  On the overpayment, the commissioner affirms and notes that 85.34(4) allows for a credit against a future injury when TTD benefits have been overpaid.  12 months from arbitration to appeal decision.  

Gehring v. Annett Holdings, No. 5054909 (App. Feb. 20, 2020) - Claimant was found not to have established a permanent impairment to his right shoulder, head or thoracic spine (Christenson). Without additional comment, the decision is affirmed. 21 months from arbitration to appeal decision.  

Salazar v. Kinder Morgan, Inc., No. 5049390 (App. Feb. 20, 2020) - In this action, the commissioner affirms a partial commutation award without additional comment (Pals).  13 months from arbitration to appeal decision.  

Gerlach v. East Side Jersey Dairy, No. 5065208 (App. Feb. 19, 2020) - This was an award of  a 45% industrial disability, which is affirmed by the commissioner. (Elliott). The commissioner adds comments with respect to the credit for overpayment in the amount of approximately $7000 for future liability for a subsequent injury.  In the arbitration decision, the deputy had cited to a post-2017 version of 85.34(5), which was not applicable to this injury since it occurred pre-July 2017.  Ultimately, however, the commissioner finds that the overpayment was established in the deputy's arbitration decision for purposes of future credit if claimant should have an injury with the same employer.  12 months from arbitration to appeal decision. 

Brownell v. Dewey Dodge, No. 5059689 (App. Feb. 18, 2020) - File not found.  13 months from arbitration to appeal decision.  The arbitration decision was a take nothing from Pals, so I assume this was an affirmance.

Brewer v. Griffin Pipe Products, No. 5038723 (App. Feb 17, 2020) - On review-reopening, claimant was found to be entitled to an 80% industrial disability after having been found entitled to a running healing period (Grell).  PTD was denied, since claimant made no effort to seek employment. Claimant appeals, seeking permanent total disability.  On appeal, the commissioner affirms without additional comment. 14 months from arbitration to appeal decision.  

Williams v. Chunkee, Inc., No. 5033820  (App. Feb. 17, 2020) - Claimant was initially awarded a 70% industrial disability as a result of a shoulder injury.  On review-reopening, claimant was found entitled to an additional 10% (Pals). Claimant appeals, urging permanent total disability.  The commissioner affirms the underlying arbitration on award on review-reopening, but increases the costs of claimant's IME from $1500 to $3000.  The commissioner provides additional analysis on the issue of claimant's allegation that he suffered from a mental health injury and finds that this analysis  was barred by res judicata.  The commissioner finds that claimant knew or should have known of depression at the time of the original arbitration decision and finds that the claim was now barred by res judicata, since the issue had previously been raised.  The commissioner notes that defendants argued that the claim was barred by judicial estoppel, but concluded that the proper analysis was under a res judicata theory and found that claimant's argument was barred by claim preclusion, as claimant had not raised the depression issue in the first instance. 19 months from arbitration to appeal decision.  

Scott v. City of West Des Moines, No. 5059103 (App. Feb. 14, 2020) - In this action, claimant was found eligible for a 30% industrial disability.  The deputy also concluded that claimant did not refuse to attend a DME and thus found that benefits were not properly suspended (Christenson).  On appeal, the commissioner affirms the arbitration decision without further comment.  13 months from arbitration to appeal decision.  

Coggins v. Quad County Corn Processors, No. 5059597 (App. Feb. 13, 2020) - At hearing, the deputy concluded that claimant should have known about his back injury on or about October 5, 2016.  Since notice was not provided to the employer until June 13, 2017, the case was dismissed on notice grounds (Pals). Without additional analysis, the commissioner affirms.  13 months from arbitration to appeal decision.  

Glausser v. Second Injury Fund, No. 5065874 (App. Feb. 12, 2020) - Claimant was awarded a 45% industrial disability at hearing (Pals). The Fund appeals and claimant cross-appeals.  The Fund contends there was no qualifying first injury.  With additional analysis, the commissioner affirms.  16 months from arbitration to appeal decision.  

Arnold v. Dick's Sporting Goods, No. 5059581 (App. Feb. 12, 2020) - The sole issue on appeal in this case was claimant's rate.  At hearing, claimant was found to have a rate of $207.60 (Gerrish-Lampe).  On appeal, the rate was modified slightly upward, to $211.36.  Claimant argued on appeal that 85.36(9) should have been applied, as claimant was working less than full time.  The commissioner concluded claimant had not demonstrated she was earning less than the usual weekly earnings of the regular full-time adult laborer in the industry in which claimant was injured and found that application of 85.36(6) was appropriate.  Because the deputy had based the rate on 18 calendar weeks before the injury rather than 13, the gross weekly wage was recomputed, resulting in a slightly higher rate.  14 months from arbitration to appeal decision.  

Ruby v. Gannett Publishing Services, No. 5058620 (App. Feb. 22, 2020) - The arbitration decision concluded that claimant was entitled to a running award of healing period benefits and was found specifically credible by the deputy (Gordon).  On appeal, the commissioner spends a great deal of time discussing claimant's credibility.  He finds that defendants' credibility arguments are without merit, because claimant either misunderstood questions or the alleged credibility problems were exaggerated by defendants.  On the running healing period, the commissioner finds that claimant had reached MMI and thus a finding on permanency was appropriate.  The commissioner awarded a 50% industrial based on claimant's inability to perform his prior work and 20 pound work restrictions.  The commissioner concluded claimant was not motivated to return to work and thus was not permanently and totally disabled.  16 months from arbitration to appeal decision. 

Heim v. A.Y. McDonald Mfg., Co., No. 5052066 (App. Feb. 11, 2020) - Claimant prevailed at the arbitration stage in obtaining a partial commutation of PTD benefits (Fitch).   Defendants appeal and on appeal, the commissioner affirms with additional analysis.  The commissioner concludes that a claimant does not need to demonstrate a specific need for, or use of, partial commutation funds.  The commissioner also finds that a claimant need not demonstrate any specific financial need for the commutation.  He also finds that commutation can be appropriate even if the sole purpose of commuting the benefits is to ensure the security of a spouse.  Although this is a good decision for partial commutation, since partial commutations have been eliminated as a practical matter, the impact of the decision will be minimal.  16 months from arbitration to appeal decision.  

Smith v. TPI Iowa, Inc., No. 5058936 (App. Feb. 7, 2020) - The arbitration decision was a take nothing decision for the claimant.(Gerrish-Lampe).  On appeal, the commissioner affirms without additional analysis.  14 months from arbitration to appeal decision.  

Askvig v. Snap-On Logistics, No. 5059459 (App. Feb. 5, 2020) - The arbitration decision found that claimant failed to demonstrate a shoulder condition and limited the impairment to her right upper extremity.  A notice defense was denied.  Claimant was also found to be entitled to medical treatment.  On appeal, the commissioner affirms the findings and adds additional comments with respect to the notice defense issue.  The commissioner finds that because claimant had talked to the employer about what to do if her health insurance carrier denied coverage because the injury was work-related, the employer had actual notice of the injury.  The commissioner found that this was all that was required to establish actual notice.  Because claimant first felt the injury was work-related within 90 days of this time, the notice defense was denied. The commissioner reversed the decision on whether defendants were due a credit because of payment of STD.  The commissioner found that an exhibit which provided payroll check detail (which provided information about the STD payments was sufficient to prove credit.  19 months from arbitration to appeal decision.  

Lewis v. Hilltop Tire Service, No. 5058112 (App. Feb. 4, 2020) - Claimant was found to have established a work-related injury and was awarded 30% industrial disability (McGovern).  Past medical expenses were ordered by the deputy.  Both parties appealed.  The commissioner affirms without additional comment.  15 months from arbitration to appeal decision.  

Burrett v. Windridge Implements, No. 5061046 (App. Feb. 3, 2020) - The arbitration decision found that claimant had established permanent and total disability and penalty ($2048) (Christenson). On appeal, the commissioner affirms the PTD finding without additional comment.  14 months from arbitration to appeal decision.  

January 2020

O'Key v. Custom-Pak, No. 5057093 (Jan. 31, 2020) - File Not Found.  This was a Christenson decision denying additional benefits, as there was no permanent impairment from the second injury.   Fund benefits were also denied  14 months from arbitration to appeal decision. 

Fuller v. Christensen Family Farms, No. 5062501 (App. Jan. 31, 2020) - Claimant was found to have established a 5% industrial disability (Fitch).    Defendants appeal and the award is affirmed without additional comment.  14 months from arbitration to appeal decision.  

Loew v. Menard, Inc., No. 5057482 (App. Jan. 31, 2020) - Claimant was found to have established a permanent injury and was awarded 30% industrial.  Claimant was also found to be entitled to additional hearing period benefits (McGovern).  The deputy concluded that a profit sharing bonus could not be included in determining the rate.  Without additional analysis, the commissioner affirms.  15 months from arbitration to appeal decision.  

Hill v. Vermeer Corporation, No. 5066032 (App. Jan. 30, 2020) - At hearing, claimant was found to have sustained an 8% impairment to the left upper extremity.  A prorated portion of the IME was awarded.  Penalty benefits were also awarded (Palmer).  On appeal, the commissioner's designee (Lunn) concluded that the award was correctly only 2%.  The appeal decision went through a lengthy examination of the AMA Guides and concluded that no impairment was allowable for loss of strength and that since no doctors had documented a loss of flexion, the additional impairment provided by Dr. Sassman was not appropriate.  The deputy also found that the penalty award was appropriate, based on defendants' failure to communicate the basis for denial.  Additional penalty for failure to investigate was not awarded.  16 months from arbitration to appeal decision.  

Catic v. Tyson Foods, Inc., No. 5065604 (App. Jan. 30, 2020) - Claimant was found to have neck, low back, shoulder and arm issues that arose out of employment and was awarded medical expenses.  The hearing deputy found claimant was odd lot and awarded permanent and total benefits (Gerrish-Lampe).  On appeal, the award of benefits is affirmed.  The commissioner discusses the weight to be given to various doctors and finds that the hearing deputy correctly gave more weight to the determinations of Drs. Delbridge and Manshadi.  On the odd lot issue, the commissioner finds that although claimant did not make an effort to seek work, Dr. Delbridge had concluded there were few jobs claimant could perform and noted that defendants had not produced evidence to the contrary.  Claimant was only awarded a portion of Dr. Manshadi's IME following the arbitration hearing.  The commissioner concludes that this was an IME under 85.39, not an award of costs and that DART did not limit the award in an IME situation ("the holding did not limit the reimbursement provisions of Iowa Code section 85.39").  Because claimant had not appealed this issue, however, the arbitration decision was not modified.  The commissioner limits the award of the second IME to the costs of the report, under 4.33(6).  18 months from arbitration to appeal decision.  

Gully v. Liguria Foods, Inc., No. 5063429 (App. Jan. 30, 2020) - Claimant was found to have sustained a 65% industrial disability at hearing.  Claimant was specifically found credible.   In addition, claimant was found not to have refused suitable work and was awarded medical expenses. (Elliott). Defendants appeal and on appeal, the commissioner's designee (Copley) affirms the arbitration decision.  The deputy specifically indicates that the hearing deputy's credibility finding was to be given deference.  The 65% industrial award was also affirmed.  The appeal decision discusses the claim for medical expenses, finding that claimant had demonstrated that her persistent pain was a substantial contributing factor to her somatic symptom disorder and adjustment disorder.  With respect to the refusal of suitable work, the decision finds that although defendants offered suitable work, claimant's refusal to have a second drug test (the first test was performed a week after the injury) was not tantamount to a refusal to perform suitable work, given the fact that the results of the original drug test was consistent with claimant's testimony that she did not smoke marijuana, but was around others who did.  The decision finds that termination is not alone equivalent to a refusal of suitable work.  For misconduct must be tantamount to a refusal to perform suitable work, it must be serious and the type of conduct that would cause any employer to terminate any employee and have a serious adverse impact on the employer.  Penalty benefits were also affirmed.  10 months from arbitration to appeal decision.  

Mullaley v. Lyondell Chemical Co., No. 5058827 (App. Jan. 29, 2020) - At arbitration, claimant was found not to have sustained his burden of proving an injury to his wrist.  It was also found he had failed to provide timely notice (Grell). A SIF claim was also denied.  On appeal, the commissioner affirms without additional comment. 14 months from arbitration to appeal decision.

Wood v. JMJ Equipment Transportation, No. 5063827 (App. Jan. 28, 2020) - Prior to the arbitration hearing, defendants filed a motion to dismiss for lack of jurisdiction.  On interlocutory appeal, the commissioner affirms the underlying decision finding jurisdiction under the act, made by Deputy Copley.The commissioner found that claimant was an Arizona resident and worked for an Arizona company, which had significant contacts with Iowa, including picking up loads in Iowa.  Claimant had an accident, which occurred in Dubuque.  There was extensive evidence that JMJ drivers spent a considerable amount of time in Iowa.  Claimant had also filed in Arizona and was receiving benefits under their statute.  The commissioner concluded that defendant was doing business in Iowa under section 85.3 of the Code, essentially because of the many contacts the company had in Iowa.  Accordingly, in personam jurisdiction was appropriate.  The commissioner also concluded that it would not be contrary to fair play and substantial justice.  10 months from arbitration to appeal decision.

Taylor v. ISU Extension, No. 5058624 (App. Jan. 28, 2020) - Claimant was found to be ineligible for benefits for failure to provide notice within 90 days.  On appeal, the commissioner affirms without additional comment. 14 months from arbitration to appeal decision.

Rush v. Catholic Health Initiatives, No. 5059072 (App. Jan. 24, 2020) - Claimant was awarded 40% disability (Copley).  On appeal, the commissioner affirms without additional comment.  15 months from arbitration to appeal decision.  

Burris v. Andersen Corporation, No. 5061159 (App. Jan. 23, 2020) - At hearing, the deputy concluded that claimant had provided notice of his claim to the employer, but dismissed the claim, finding that claimant had failed to timely file to the claim (McGovern).  On appeal, the commissioner reverses on the statute of limitations argument and concludes claimant is permanently and totally disabled.

Claimant alleged that his exposure to toxic chemicals caused his disability.  The evidence disclosed that despite the knowledge of the hazardous condition on the part of the employer, he was not provided a respirator until 1987.  Claimant began symptoms from a kidney problem in 1994 or 1995.  He ultimately required a kidney transplant in 2007.  Following the transplant, claimant continued to work until 2015, at which point he could no longer return to work due to excess swelling.  Drs. Whalen and Peterson indicated these problems were due to the chemicals.  Dr. Matos disagreed.  The commissioner found the opinions supporting causation to be more convincing. 

The employer had changed ownership over time and Eagle, the original owner, was found to have actual notice of the injury.  The commissioner found also that Anderson had notice of the injury given claimants condition and the knowledge of the toxicity of the chemicals to which claimant was exposed.  The commissioner treated the injury as an occupational disease under chapter 85A.  The commissioner found that Anderson was the employer at the time of claimant's last injurious exposure.  The date of disability for the claimant was when he became permanently unable to work in November of 2015.  His last injurious exposure was found to be in 2014, making Anderson liable for the injury.  

On the statute of limitations issue, the commissioner found that since the disablement occurred in November 2015 and the petition was filed in 2016, the filing was timely.  On the notice issue, because the employer had actual notice of the toxicity of the compounds, claimant was found to have timely notified the employer.  Finally, claimant was found eligible for permanent total disability based on the fact that he was on dialysis for nine hours a day, seven days a week. 17 weeks from arbitration to appeal decision.

NOTE:  This is the first case that the writer can recall where the current commissioner reversed a take nothing decision and provided a permanent total award to claimant.  Given the legal aspects of the decision, as well as the result, it will almost certainly be appealed.  

Aldoori v. Henriksen Contracting, LLC, No. 5063037 (App. Jan. 22, 2020) - Claimant was found not to have sustained a permanent impairment in the initial decision, but was awarded reasonably necessary medical care for the injury (Pals).  Both parties appeal, and the commissioner affirms without comment. 16 months from arbitration to appeal decision.  

Sands v. City of Sioux City, No. 5050047 (App. Jan. 17, 2020) - Claimant was granted a partial commutation.  Defendants appeal, arguing that the partial commutation was not in claimant's best interest and also that the deputy erred in failing to limit the term of the commutation to claimant's work life expectancy (Gerrish-Lampe).  The commissioner affirms and in doing so notes that the length of the disability is a question for the original claim determining the arbitration award, not a partial commutation.  Citing Diamond v. Parsons Co., 129 N.W.2d 608 (Iowa 1964).  The commissioner also notes that permanent total disability benefits are payable for life and are not limited to claimant's work-life expectancy.  Citing Sidles Distributing Co. v. Heath, 366 N.W.2d 1 (Iowa 1985).  Defendants also alleged that the partial commutation violated Art. III, Section 31 of the Iowa Constitution (arguing that municipalities are not subject to partial commutation) but the commissioner declined to address this issue, although noting that cities are included as employers under the Act.  17 months from arbitration to appeal decision.  

Green v. North Central Iowa Regional Solid Waste, No. 5042527 (App. Jan. 16, 2020) - This is a case in which claimant was originally found not to have suffered a permanent impairment.  Medical benefits were also denied.  The commissioner affirmed this decision and the district reversed on the medical issue.  On remand, the commissioner found claimant entitled to medical benefits.  Claimant subsequently filed a review-reopening petition and defendants filed a motion for summary judgment because claimant had not suffered a disability that could be reviewed in a review-reopening petition.  Claimant argues there is a factual dispute in this matter.  The deputy concluded that there was no factual dispute relevant to whether claimant could bring a review-reopening petition.  The commissioner affirms, finding there was no genuine issue of material fact.  The commissioner grants summary judgment, finding that claimant's issues regarding temporary and permanent disability were ripe for decision at the time of the original decision and could not be relitigated.  The commissioner notes that Kohlhaas provides that normal principles of res judicata apply in review-reopening actions.  According to the commissioner, this was not a case where the claim was not ripe for determination at the time of the original decision.  15 months from arbitration to appeal decision.  

McBride v. Tyson Foods, Inc., No. 5058989 (App. Jan. 16, 2020) - File not found.  

Lippold v. Ceco Concrete Construction, LLC, No. 5058061 (App. Jan. 14, 2020) - The arbitration decision concluded that claimant had established a 75% industrial disability.  On appeal, claimant argues that he was permanently and totally disabled.  The commissioner affirms the arbitration decision without additional comment.  14 months from arbitration to appeal decision.  

Halvorson v. Dyersville Food Bank, No. 5048905 (App. Jan. 13, 2020) - Defendants filed a review-reopening action in this PTD claim.  The deputy found that there had been no change in claimant's condition significant enough to support review reopening,  The deputy also concluded that defendants had erred in suspending claimant's benefits for failure to accept medical treatment and for failure to attend a DME.  Partial commutation was awarded (Palmer).  On appeal, the commissioner affirms without additional comment.  16 months from arbitration to appeal decision.  

Snitker v. Birdnow, Inc., No. 5065702 (App. Jan. 10, 2020) - Following the award of 40% industrial at the arbitration hearing, claimant appealed, alleging permanent total disability (Gerrish-Lampe).  On appeal, the commissioner affirmed, without further comment.  18 months from arbitration to appeal decision  

Pleitez v. Stone House Kitchens and Granite, No. 5059473 (App. Jan. 9, 2020) - Claimant had a crush injury to the foot and claimed that he had a body as whole injury as a result of back problems developed as a result of that injury as well as PTSD.  The deputy (Copley) limited claimant to a functional impairment of 64% of the right foot.  On appeal, the commissioner affirms the decision of the deputy without further comment.  16 months from arbitration to appeal decision.  

Trumblee v. Walmart, No. 5058568 (App. Jan. 8, 2020) - In this case, claimant was awarded 80% industrial disability after having previously been awarded 50% industrial disability against a different employer (Elliott).  Defendants argue that it is illogical for claimant to be awarded more than 100% industrial disability (although apparently conceding that no apportionment was appropriate).  The commissioner does a good job of discussing the fresh start rule and how this applied to claimant when he was able to return to work at Walmart without restriction and cited Roberts Dairy extensively.  The commissioner reduced the 80% award to 60%, however, finding that claimant was able to perform a large range of sedentary work.  15 months from arbitration to appeal decision.  

Cochran v. Quest Liner, Inc., No. 5065497 (App. Jan. 7, 2020) -  At hearing, claimant was found entitled to a running award of healing period benefits (Pals). Without further discussion, the commissioner affirms the arbitration decision.  15 months from arbitration to appeal decision.