Ardapple v. John Deere Davenport Works, 031220 IAWC, 5049457

Case DateMarch 12, 2020
CourtIowa
CHRISTOPHER ARDAPPLE, Claimant
v.
JOHN DEERE DAVENPORT WORKS, Employer, Self-Insured, Defendant.
No. 5049457
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 12, 2020
         Head Notes: 2501, 2502, 2905           REVIEW-REOPENING DECISION           JAMES F. CHRISTENSON DEPUTY WORKERS’ COMPENSATION COMMISSIONER          STATEMENT OF THE CASE          Claimant, Christopher Ardapple, filed a petition in review-reopening seeking workers’ compensation benefits from John Deere Davenport Works (Deere), self-insured employer as defendant.          Prior to hearing, the parties agreed to submit this case on the record. This matter was fully submitted on July 12, 2019. This case was initially assigned to Deputy Workers’ Compensation Commissioner Michelle McGovern. By order of delegation of authority, Deputy Workers’ Compensation Commissioner Jim Christenson was appointed to prepare the findings of fact and proposed decision in this case.          The record in this case consists of Joint Exhibits 1-5, Claimant’s Exhibits 1-10, and Defendant’s Exhibits A through Q.          On May 30, 2019, prior to the submission of this case, defendant moved to suspend claimant’s right to compensation for claimant’s alleged failure to appear at an independent medical evaluation (IME). By stipulation attached to the June 21, 2019 hearing report, the defendant agreed to withdraw the motion.          ISSUES          1. Whether claimant is entitled to permanent partial disability benefits under review-reopening procedures; and if so 2. The extent of claimant’s entitlement to permanent partial disability benefits.          3. Whether claimant is due reimbursement for an IME under Iowa Code section 85.39.          4. Whether claimant is due reimbursement for lost time and medical mileage taken for medical appointments.          5. Costs.          The parties indicated in the hearing report claimant’s entitlement to alternate medical care was an issue in dispute. In his post-hearing brief, claimant indicated he was no longer seeking alternate medical care.          FINDINGS OF FACT          Claimant was 41 years old at the time this case was submitted. Claimant graduated from high school. Claimant served for approximately four years in the military. Claimant attended a graphic arts program at a community college but did not graduate. (Arbitration Decision, page 2)          This matter was initially heard on a petition for arbitration on October 26, 2015. An arbitration decision was issued on January 29, 2016. That arbitration decision held, in part:
It is found that claimant’s bilateral carpal tunnel syndrome arose out of and in the course of his employment. Claimant’s work was of the type that caused carpal tunnel syndrome. He had no previous symptoms of numbness and tingling before working in the roof assembly line despite prior use of alcohol and a prior martial arts injury. After working an assembly job that is assigned to 1.4 people, per defendant employer’s own assessment, claimant developed CTS symptoms.
(Arb. Dec., p. 15)          The decision determined claimant was not at maximum medical improvement (MMI). (Arb. Dec., p. 16) The arbitration decision also found claimant was entitled to direct his own medical care for his bilateral carpal tunnel syndrome. (Arb. Dec., pp. 17-18)          The decision was affirmed in its entirety on appeal on September 21, 2017.          On or about July 17, 2016 claimant attended a 30-day residential alcohol rehabilitation program at Gateway Foundation. (Joint Exhibit 1) Claimant voluntarily quit his employment with Deere on August 29, 2016. (Exhibit O, p. 71)          Following his employment with Deere claimant worked for four different employers, as of February 2019. Claimant testified his next job after Deere was as a welder with Highland Machine, in Highland, Illinois. Claimant welded parts for hair dryers and utility trailers. Claimant worked for Highland for approximately two years. (Ex. I, p. 32; Deposition pp. 17-21) Claimant next worked for Complete Lawn Care and Landscaping (Complete) mowing lawns and doing landscaping. Claimant worked for Complete for four to five months. (Ex. I, pp. 33-34; Depo. pp. 24-28)          After Complete, claimant worked for FLSmidth (FL). At FL claimant repaired and aligned kilns for the mining industry. Claimant testified a major part of his work for FL involved welding. Claimant worked for FL for about a year and a half. He left employment with FL in approximately December of 2018. (Ex. I, pp. 35-37; Depo. pp. 29-40) Claimant then worked for North American Kiln Company (North American). At North American claimant did welding for grinding machines, loading and unloading. Claimant testified he worked approximately 70-84 hours per week for North American. Claimant was still working for North American at the time of his February of 2019 deposition. Claimant testified the work at North American was physical and repetitive. (Ex. I, pp. 37-38; Depo. pp. 37-43)          In October and November of 2017, counsel for both parties exchanged emails regarding authorization for further care for claimant. (Ex. F) A consent order, dated October 30, 2017 was approved by this agency. The parties agreed defendant would authorize care and treatment for claimant with Michael Hughes, M.D. at Belleville, Illinois. (Ex. G)          On January 19, 2018 claimant was evaluated by Timothy LeeBurton, M.D. Dr. LeeBurton is an orthopedic surgeon specializing in hand surgery. (Ex. Q) Claimant was seen for bilateral hand tremors and weakness. On exam, claimant had bilateral range of motion, motor strength and stability within normal...

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