Axtell v. Nordstrom Distribution Center, 020721 IAWC, 5063791

Docket Nº5063791
Case DateFebruary 07, 2021
CourtIowa
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...

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