Becirevic v. Trinity Health Corp., 032420 IAWC, 5063498

Case DateMarch 24, 2020
CourtIowa
FUADA BECIREVIC, Claimant
v.
TRINITY HEALTH CORPORATION d/b/a COVENANT MEDICAL CENTER, Employer, Self-Insured, Defendant.
No. 5063498
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 24, 2020
         Head Notes: 1402.40; 1803; 1804; 2204; 2501; 2502; 4100;           APPEAL DECISION           JOSEPH S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER          Claimant Fuada Becirevic appeals from an arbitration decision filed on December 28, 2018. Defendant Trinity Health Corporation, d/b/a Covenant Medical Center, self-insured employer, cross-appeals. The case was heard on September 20, 2018, and it was considered fully submitted in front of the deputy workers' compensation commissioner on October 19, 2018.          The deputy commissioner found claimant established she sustained a permanent mental health sequela as a result of the work injury which occurred on June 4, 2016. The deputy commissioner found claimant sustained a permanent physical injury to her lumbar spine, and reached maximum medical improvement (MMI) on November 1, 2017. The deputy commissioner found claimant sustained 80 percent industrial disability as a result of the work injury. The deputy commissioner found the commencement date for permanent partial disability (PPD) benefits is June 5, 2016. The deputy commissioner found claimant is entitled to receive additional healing period benefits from March 16, 2017, through November 1, 2017. The deputy commissioner found the medical care claimant received for the work injury after February 17, 2017, was reasonable and beneficial, but did not award claimant the medical bills set forth in Exhibit 6, page 5, because there were no medical bills attached to the bill summary. The deputy commissioner also determined claimant is not entitled to receive reimbursement for the $1,000.00 fee charged by Arnold Delbridge, M.D. in Exhibit 6, page 1, as there is no explanation for the charge. The deputy commissioner found defendant is responsible for the remainder of the medical bills found in Exhibit 6, and for all causally related medical bills. The deputy commissioner found claimant is not entitled to receive penalty benefits. The deputy commissioner found claimant is entitled to recover the $1,000.00 cost of Dr. Delbridge's independent medical evaluation (IME), $528.00 for the first vocational report of Barbara Laughlin, M.A., $360.00 for the report of Catalina Ressler, Ph.D., $100.00 for the filing fee, and $167.20 for claimant's deposition costs.          Claimant asserts on appeal that that deputy commissioner erred in failing to find claimant is permanently and totally disabled as a result of the work injury. Claimant further asserts the deputy commissioner erred in failing to award penalty benefits. Finally, claimant asserts the deputy commissioner erred in failing to order defendant to pay for the medical expenses found in Exhibit 6, page 5.          Defendant asserts on cross-appeal that the deputy commissioner erred in awarding industrial disability benefits in excess of the benefits previously paid, because defendant asserts claimant failed to prove she sustained a mental injury or that she is entitled to additional benefits for her lumbar spine condition. Defendant further asserts the deputy commissioner erred in awarding additional healing period benefits. Defendant asserts the deputy commissioner correctly found claimant is not entitled to receive penalty benefits. Defendant asserts claimant is not entitled to receive reimbursement for any of the medical expenses contained in claimant's exhibit 6, nor reimbursement for Dr. Delbridge's $1,000.00 IME fee. Finally, defendant asserts the deputy erred in awarding costs related to Barbara Laughlin's vocational report.          Those portions of the proposed agency decision pertaining to issues not raised on appeal are adopted as a part of this appeal decision.          I have performed a de novo review of the evidentiary record and the detailed arguments of the parties. Pursuant to Iowa Code section 86.24 and 17A.15, those portions of the proposed arbitration decision filed on December 28, 2018 that relate to issues properly raised on intra-agency appeal and cross-appeal are affirmed in part without additional comment and reversed in part.          I affirm the deputy commissioner's finding that claimant established she sustained a permanent mental health sequela as a result of the work injury. I affirm the deputy commissioner's finding that claimant sustained a permanent physical injury to her lumbar spine, and reached MMI on November 1, 2017. I affirm the deputy commissioner's finding that claimant sustained 80 percent industrial disability as a result of the work related injury. I affirm the deputy commissioner's finding that the commencement date for permanent partial disability benefits is June 5, 2016. I affirm the deputy commissioner's finding that claimant is entitled to receive additional healing period benefits from March 16, 2017, through November...

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