AHMED ALDOORI, Claimant
v.
HENRIKSEN CONTRACTING, LLC, Employer
and
NATIONAL UNION FIRE INS. CO. OF PA, Insurance Carrier, Defendants.
No. 5063037
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 22, 2020
Head
Note Nos: 1108.50; 1402.40; 1803: 2501; 2907; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Ahmed Aldoori appeals from an arbitration decision filed on
September 7, 2018. Defendants Henriksen Contracting, LLC,
employer, and its insurer, National Union Fire Ins. Co. of
PA, cross-appeal. The case was heard on June 26, 2018, and it
was considered fully submitted in front of the deputy
workers' compensation commissioner on July 13, 2018.
The
deputy commissioner found claimant failed to carry his burden
of proof to establish that he sustained permanent disability
as a result of the stipulated August 12, 2016, work-related
injury which arose out of and in the course of claimant's
employment with defendant-employer. The deputy commissioner
found claimant is entitled to receive nothing in the way of
permanent partial disability benefits. The deputy
commissioner found claimant is not entitled to receive
reimbursement from defendants for the cost of the independent
medical evaluation (IME) of claimant performed by Irving
L.Wolfe, D.O., on October 25, 2017. The deputy commissioner
found claimant is entitled to receive all ongoing reasonably
necessary medical care claimant requires for the work injury.
The deputy commissioner ordered the parties to pay their own
costs of the arbitration proceeding.
Claimant
asserts on appeal that the deputy commissioner erred in
finding claimant failed to prove he sustained permanent
disability as a result of the work injury. Claimant asserts
the deputy commissioner erred in failing to award claimant
industrial disability in the range of 25 percent to 30
percent. Claimant asserts the deputy commissioner erred in
finding claimant is not entitled to receive reimbursement
from defendants for the cost of Dr. Wolfe's IME.
Defendants
assert on cross-appeal that the deputy...
