JENNIFER ASKVIG, Claimant
v.
SNAP-ON LOGISTICS COMPANY, Employer, Self-Insured, Defendant.
No. 5059459
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 5, 2020
Head
Note Nos: 1402.30; 1402.40; 1801; 1803.1; 2401; 2501; 2502;
2907
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Jennifer Askvig appeals from an arbitration decision filed on
July 11, 2018. Defendant Snap-On Logistics Company,
self-insured employer, cross-appeals. The case was heard on
April 16, 2018, and it was considered fully submitted in
front of the deputy workers' compensation commissioner on
May 18, 2018.
In the
arbitration decision, the deputy commissioner found claimant
failed to carry her burden of proof to establish that her
right shoulder condition is causally connected to her job
with defendant. The deputy commissioner found claimant's
work-related injury is limited to her right upper extremity.
The deputy commissioner found defendant failed to carry its
burden of proof with respect to its affirmative 90-day notice
defense. The deputy commissioner found claimant failed to
prove she sustained any permanent disability to her right
upper extremity but satisfied her burden of proof to
establish entitlement to temporary total disability benefits
from May 25, 2017, through July 11, 2017. The deputy
commissioner found defendant failed to prove its entitlement
to credit for payment of short-term disability benefits. The
deputy commissioner found claimant is entitled to recover the
cost of the medical treatment for her work-related right
carpel tunnel syndrome but not for her right shoulder
condition or for any other condition. The deputy commissioner
found claimant is entitled to recover the cost of her
independent medical examination (IME) and report by Mark
Kirkland, D.O. The deputy commissioner ordered defendant to
pay claimant's costs of the arbitration proceeding in the
amount of $106.46.
In a
nunc pro tune order filed on August 2, 2018, the deputy
commissioner corrected claimant's weekly benefit rate to
$610.58.
On
appeal, claimant asserts the deputy commissioner failed to
address whether claimant sustained a cumulative trauma injury
to her right arm and, if so, the appropriate manifestation
date. Claimant additionally argues the deputy commissioner
erred in her determination that claimant did not sustain any
permanent disability to her right arm. Lastly, claimant
asserts the deputy commissioner erred in finding claimant did
not sustain a work-related injury to her right shoulder.
On
cross-appeal, defendant asserts the deputy commissioner erred
in finding defendant failed to carry its burden of proof to
establish its affirmative 90-day notice defense. Defendant
also asserts the deputy commissioner erred by denying its
motions to supplement the record. Defendant additionally
asserts the deputy commissioner erred by finding defendant
failed to establish its entitlement to a credit for
short-term disability benefits and in finding claimant is
entitled to reimbursement for medical expenses relating to
her right arm and carpal tunnel.
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 July 11, 2018, as corrected by
the order nunc pro tune filed on August 2, 2018, that relate
to the issues properly raised on intra-agency appeal are
affirmed in part without additional comment; affirmed in part
with additional findings, conclusions, and analysis; and
reversed in part.
I
affirm the deputy commissioner's finding that claimant
did not establish her right shoulder condition is causally...
