MICHELE AXTELL, Claimant
v.
NORDSTROM DISTRIBUTION CENTER, Employer,, Self-Insured, Defendant.
No. 5063791
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
Head
Notes: 1108.50; 1402.40; 1402.60; 1801; 1803; 2501; 2907;
5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Michele Axtell appeals from an arbitration decision filed on
August 5, 2019. Defendant Nordstrom Distribution Center,
self-insured employer, responds to the appeal. The case was
heard on May 29, 2019, and it was considered fully submitted
in front of the deputy workers' compensation commissioner
on June 12, 2019.
The
deputy commissioner found claimant failed to carry her burden
of proof to establish she sustained permanent disability as a
result of her stipulated work-related injury which occurred
on April 10, 2017. The deputy commissioner found claimant is
entitled to receive nothing in the way of permanent partial
disability benefits. The deputy commissioner found claimant
reached maximum medical improvement (MMI) for the work injury
on August 1, 2017. The deputy commissioner found claimant is
not entitled to receive healing period benefits for the work
injury from March 21, 2018, through November 6, 2018, as
alleged. The deputy commissioner found claimant is not
entitled to payment by defendant for the past requested
medical expenses incurred after August 1, 2017, which are
itemized in Joint Exhibit 8. The deputy commissioner found
that because claimant proved only a temporary injury,
claimant is not entitled to receive ongoing medical care. 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 she sustained permanent disability as a
result of the work injury. Claimant asserts the deputy
commissioner erred in failing to award claimant a substantial
amount of industrial disability for the work injury. Claimant
asserts the deputy commissioner erred finding claimant is not
entitled to receive healing period benefits from March 21...
