MICHAEL BIGLEY, Claimant
v.
DONALDSON COMPANY, INC., Employer,
and
STANDARD FIRE INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5061014
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 25, 2020
Head
Notes: 1402.40; 1802; 1803; 2501; 2502; 2907; 4000.2; 5-9999
APPEAL DECISION
JOSEPH
S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER
Defendants
Donaldson Company, Inc., employer, and its insurer, Standard
Fire Insurance Company, appeal from an arbitration decision
filed on January 15, 2019. Claimant Michael Bigley
cross-appeals. The case was heard on February 8, 2018, and it
was considered fully submitted in front of the deputy
workers' compensation commissioner on March 9, 2018.
In the
arbitration decision, the deputy commissioner found
claimant's stipulated work-related injury which occurred
on November 13, 2013, caused claimant to sustain permanent
functional disability of his right wrist/forearm and in his
right shoulder. The deputy commissioner found claimant
sustained 45 percent industrial disability as a result of the
work injury, which entitles him to receive 225 weeks of
permanent partial disability (PPD) benefits commencing on
January 19, 2014. The deputy commissioner also found claimant
is entitled to receive healing period benefits for his right
shoulder condition from June 27, 2017, through January 19,
2018. The deputy commissioner found claimant is entitled to
payment by defendants for past requested medical expenses and
medical mileage itemized in Exhibits 14 and 16. The deputy
commissioner found claimant is entitled to receive penalty
benefits in the amount of $7,500.00 based on defendants'
failure to timely investigate claimant's right shoulder
claim or pay PPD benefits for claimant's right arm.
On
appeal, defendants assert the deputy commissioner erred in
finding claimant's right shoulder condition to be a
work-related injury. Defendants alternatively assert claimant
has not reached maximum medical improvement (MMI) for his
right shoulder condition and defendants assert the award for
industrial disability should be reduced substantially.
Lastly, defendants...
