MARIE AZBILL, Claimant
v.
LINN-MAR COMMUNITY SCHOOL DISTRICT, Employer,
and
UNITED WISCONSIN INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5060942
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 2, 2020
Head
Notes: 1108.50; 1402.40; 1801; 1803; 2501; 2502; 2907 4000.2;
5-9998
APPEAL DECISION
JOSEPH
S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER
Defendants
Linn-Marr Community School District, employer, and its
insurer, United Wisconsin Insurance Company, appeal from an
arbitration decision filed on February 14, 2019. Claimant
Marie Azbill responds to the appeal. The case was heard on
October 29, 2018, and it was considered fully submitted in
front of the deputy workers' compensation commissioner on
November 30, 2018.
In the
arbitration decision, regarding File No. 5060942, the deputy
commissioner found claimant sustained 20 percent impairment
of her left upper extremity as a result of the stipulated
work-related injury which occurred on July 5, 2016. The
deputy commissioner found defendants unreasonably denied
payment of permanent partial disability benefits for
claimant's left upper extremity in the amount of
$23,526.00. As a result, the deputy commissioner found
claimant is entitled to receive penalty benefits from
defendants in the amount of $6,600.00.
Regarding
File No. 5060943, the deputy commissioner found claimant was
not at maximum medical improvement (MMI) as of the date of
the arbitration hearing for the stipulated November 10, 2017,
work-related injury. The deputy commissioner found claimant
is entitled to receive additional treatment as recommended by
Stanley J.
Mathew,
M.D. The deputy commissioner found claimant satisfied her
burden of proof to establish she is entitled to receive
temporary total disability benefits from February 15, 2018,
through May 22, 2018. However, the deputy commissioner found
claimant is not entitled to receive penalty benefits from
defendants for their refusal to pay temporary total
disability benefits from February 15, 2018, through May 22,
2018. The deputy commissioner found claimant...
