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...