Arnold v. Goods, 021220 IAWC, 5059581

• Case Date: February 12, 2020
• Court: Iowa

NICOLE M. ARNOLD, Claimant v. DICK'S SPORTING GOODS, Employer, and, FEDERAL INSURANCE COMPANY, Insurance Carrier, Defendants. No. 5059581 Iowa Workers Compensation Before the Iowa Workers' Compensation Commissioner February 12, 2020          Head Note Nos: 3000; 3001; 3002           APPEAL DECISION           JOSEPH S. CORTESE II WORKERS' COMPENSATION COMMISSIONER          Claimant Nicole Arnold appeals from an arbitration decision filed on November 28, 2018, and from a ruling on claimant's motion for rehearing filed on January 10, 2019. Defendants Dick's Sporting Goods, employer, and its insurer, Federal Insurance Company, respond to the appeal. The case was heard on October 9, 2018, and it was considered fully submitted in front of the deputy workers' compensation commissioner at the conclusion of the hearing.          The sole issue on appeal is whether the deputy commissioner correctly calculated claimant's weekly workers' compensation benefit rate.          In the arbitration decision, the deputy commissioner found claimant was working an average of 40 hours a week in the 13 weeks preceding her injury. As a result, the deputy commissioner determined application of Iowa Code section 85.36(6) was more appropriate than section 85.36(9). The deputy commissioner therefore adopted defendants' rate calculation of an average weekly wage of $296.78 and a weekly benefit rate of $207.60. Claimant filed a motion for rehearing. The deputy commissioner granted claimant's motion for rehearing in part, finding claimant worked less than 40 hours per week for the 13 weeks preceding the injury. However, because there was insufficient evidence of whether claimant was earning less than the usual weekly earnings of the regular full-time adult laborer in the industry in which claimant was injured, the deputy commissioner determined section 85.36(6) was still the appropriate code section to apply. The deputy commissioner therefore did not modify her finding that claimant's rate is $207.60.          On appeal, claimant again argues section 85.36(9) is applicable. In the alternative, claimant argues the deputy commissioner's rate calculation is...