RAFAELA L. ACEBEDO, Claimant
v.
HY-VEE, INC., HY-VEE DISTRIBUTION Employer,
and
EMC PROPERTY, Insurance Carrier, Defendants.
No. 5066051
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 24, 2020
Head
Notes: 1108.50; 1802; 2501; 2502 3002; 5-9999
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER.
Claimant
Rafaela Acebedo appeals from an arbitration decision filed on
January 3, 2019. Defendants Hy-Vee Inc., Hy-Vee Distribution,
employer, and its insurer, EMC Property, respond to the
appeal. This case was heard on July 19, 2018, and it was
considered fully submitted in front of the deputy
workers' compensation commissioner on September 4, 2018.
In the
arbitration decision, the deputy commissioner found
claimant's low back condition was more likely than not
caused from her altered gait due to her stipulated knee
injury. The deputy commissioner found claimant was entitled
to receive temporary benefits from June 20, 2017 through
October 17, 2017. The deputy commissioner found claimant
continued to be in a healing period at the time of the
hearing but was not entitled to any additional temporary
benefits because claimant voluntarily quit her job with
defendant-employer. In making this finding, the deputy
commissioner found the testimony of Saira Flores, one of
defendant-employer's former human resources employees, to
be more reliable than claimant. The deputy commissioner
adopted defendants' weekly benefit rate calculation of
$449.70. The deputy commissioner ordered defendants to
authorize appropriate medical care for claimant's back
injury. The deputy commissioner found claimant failed to
carry her burden of proof regarding requested medical
expenses, reimbursement for her independent medical
examination (IME), and penalty benefits.
On
appeal, claimant asserts she is entitled to a running award
of temporary benefits from May 11, 2016.
Defendants
assert on appeal that the arbitration decision should be
affirmed in its entirety.
Those
portions of the proposed agency decision pertaining to issues
not raised on appeal are adopted as a part of this appeal
decision.
I
performed a de novo review of the evidentiary record and the
detailed arguments of the parties. Pursuant to Iowa Code
sections 17A.5 and 86.24, those portions of the proposed
arbitration decision filed on January 3, 2019, that relate to
the issues properly raised on intra-agency appeal are
affirmed in their entirety with the additional analysis set
forth below.
I
affirm the deputy commissioner's finding that
claimant's low back condition was more likely than not
caused from her altered gait due to her stipulated knee
injury. I affirm the deputy commissioner's finding that
claimant is entitled to receive temporary benefits from June
20, 2017, through October 17, 2017. I...
