MICHAEL ALFSTAD, Claimant
v.
SECOND INJURY FUND OF IOWA, Defendant.
No. 5058197
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 11, 2020
Head
Note Nos. 1803, 1803.1, 3202
ARBITRATION DECISION
JAMES
F. ELLIOTT, DEPUTY WORKERS’ COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
Michael
Alfstad, claimant, filed a petition in arbitration seeking
workers’ compensation benefits from the Second Injury
Fund of Iowa (Fund) as a result of an injury he sustained on
February 23, 2016 that arose out of and in the course of his
employment. Claimant also alleged a first qualifying injury
of January 1, 2003. This case was heard in Des Moines, Iowa
on February 4, 2020 and fully submitted on March 2, 2020. The
evidence in this case consists of the testimony of claimant,
Joint Exhibits 1 - 8, Defendant’s Exhibits AA, BB and
Claimant’s Exhibits 1 – 5. Claimant submitted a
brief. The Fund declined to file a brief. (Transcript page
57)
The
parties filed a hearing report at the commencement of the
arbitration hearing. On the hearing report, the parties
entered into various stipulations. All of those stipulations
were accepted and are hereby incorporated into this
arbitration decision and no factual or legal issues relative
to the parties’ stipulations will be raised or
discussed in this decision. The parties are now bound by
their stipulations. The Fund and claimant stipulated claimant
had a second qualifying injury to the right lower extremity,
assuming claimant proved a first qualifying injury. (Hearing
Report p. 3; Tr. p. 6) The parties stipulated that any Fund
benefits would commence on August 27, 2018 and the Fund is
entitled to a credit for the first and second qualifying
injuries of 115 weeks. (Hearing Report p. 3; Tr. pp. 6,7)
ISSUES
Whether
claimant sustained a first qualifying injury on January 1,
2003, and if so;
The
extent of claimant’s disability for the first injury.
The
extent of claimant’s disability for his February 23,
2016 injury.
Assessment
of costs.
FINDINGS
OF FACT
The
deputy workers’ compensation commissioner, having heard
the testimony and considered the evidence in the record,
finds that:
Michael
Alfstad, claimant, was 47 years old at the time of the
hearing. Claimant graduated from high school. Claimant did
not go to college. Claimant entered and completed a four-year
carpenter’s apprentice program. Claimant was a union
carpenter and worked as a union carpenter for over 20 years.
As a union carpenter, claimant worked for a No. of employers
over the years. (See, Exhibit 1, p. 3) The work he did as a
carpenter was similar in all of his jobs. Claimant would work
overhead, use ladders and scaffolding, lift heavy weights
– up to 150 pounds, was on his feet all day and would
use hand and power tools.
Prior
to his work as a carpenter, claimant was an assistant deli
manager at a grocery store. As an assistant manager claimant
would be on his feet all day and would have to carry and move
trays of food. (Tr. p. 13)
In 2003
claimant began experiencing symptoms in his right wrist. On
August 1 2003, Gary Jassen, D.O. examined claimant before his
right wrist surgery on that same day. Dr. Jassen wrote,
Patient is a thirty-one year-old white male with a history of
right wrist pain for several months. At that time he was
working at an employer called Kennedy and thought the problem
came from repetitive use of the extremity, carrying lumber,
cutting with shears and scissors, etc. He was treated
conservatively without improvement of his symptoms and was
seen by Dr. Misol, who recommended surgical release of the
tendon, felt he would benefit from the procedure.
(JE 1, p. 1) On August 1, 2003, Sinesio Misol, M.D. performed
right wrist surgery. On August 11, 2003, Dr. Misol said that
claimant was, “. . . post tenosynovitis of
deQuervain’s release of right wrist on 08/01/03. He is
doing well.” (JE 2, p. 5) Claimant testified that he
did not recall if he had any additional treatment for his
right wrist. Claimant testified that he still has symptoms in
his right wrist related to the deQuervain’s release
surgery. Claimant has numbness and has lost grip strength and
strength in his right hand/arm. Claimant testified that he
compensated for his right upper extremity symptoms by using
his left hand/arm more. (Tr. pp. 22, 23)
On July
26, 2019, Sunil Bansal, M.D. examined claimant concerning his
right wrist. Dr. Bansal stated claimant had a permanent
impairment to his right wrist. Dr. Bansal wrote claimant had
“Right wrist deQuervain’s tenosynovitis”
and was “[s]tatus post right wrist deQuervain’s
release.” (JE 8, p. 77) Dr. Bansal assigned a two
percent impairment rating using the AMA Guides to the
Evaluation of Permanent Impairment, Fifth Edition. Dr. Bansal
recommended a 20 pound lifting restriction for the right
hand. (JE 8, p. 78)
I find
claimant has a permanent impairment as a result of his
January 1, 2003 cumulative...
