MARIA BOTELLO-LIRA, Claimant
v.
SPARBOE FARMS, INC., Employer,
and,
NATIONWIDE AGRIBUSINESS INSURANCE COMPANY,, Insurance Carrier,
and
SECOND INJURY FUND OF IOWA, Defendants.
No. 5066181
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 5, 2020
Head
Note Nos. 1108.50, 1402.40, 1803, 2907, 3203
ARBITRATION DECISION
ERIN
Q. PALS DEPUTY WORKERS’ COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
Maria
Botello-Lira, claimant, filed a petition in arbitration
seeking workers’ compensation benefits from Sparboe
Farms, Inc., employer and Nationwide Agribusiness Insurance
Company, insurance carrier and from the Second Injury Fund of
Iowa as defendants. Hearing was held on October 24, 2019 in
Des Moines, Iowa.
The
parties filed a hearing report at the commencement of the
arbitration hearing. On the hearing report, the parties
entered into various stipulations. All of those stipulations
were accepted and are hereby incorporated into this
arbitration decision and no factual or legal issues relative
to the parties’ stipulations will be raised or
discussed in this decision. The parties are now bound by
their stipulations.
Maria
Botello-Lira and Nita Nurmi were the only witnesses to
testify live at trial. Ms. Botello-Lira testified via the use
of interpreter, Karen Deters. The evidentiary record also
includes Joint Exhibits JE1-JE10, Claimant’s Exhibits
1-13, and Defendants’ Exhibits A-B, and Second Injury
Fund Exhibits AA-FF. All exhibits were received without
objection, with the exception of Exhibit 9 of the Joint
Medical Exhibits. Defendant employer objected to JE9 on the
basis that those records were not served timely and
defendants did not have an opportunity to respond to the
information contained in the record. Defendants’
objection was overruled. Joint Exhibit 9 was admitted into
evidence. However, the evidentiary record was left open to
allow the defendant employer an opportunity to obtain
rebuttal evidence. The rebuttal evidence was marked as
Defendants’ Exhibit C-001 through C-004 and received on
December 5, 2019 and the evidentiary record was closed at
that time.
The
parties submitted post-hearing briefs on January 13, 2020, at
which time the case was fully submitted to the undersigned.
ISSUES
The
parties submitted the following issues for resolution:
1.
Whether claimant sustained any permanent disability as the
result of the November 28, 2016 work injury. If so, the
extent of disability she sustained to her left lower
extremity.
2.
Whether defendant employer is responsible for past medical
expenses.
3.
Whether claimant is entitled to be reimbursed pursuant to
Iowa Code section 85.39 for the independent medical
evaluation (IME).
4.
Whether claimant is entitled to alternate medical care.
5.
Whether claimant sustained a prior qualifying loss to her
right lower extremity on January 1, 2004.
6.
Claimant’s entitlement, if any, to benefits from the
Second Injury Fund of Iowa.
7. The
commencement date for any benefits from the Second Injury
Fund of Iowa.
8.
Whether the Second Injury Fund of Iowa is entitled to a
credit under Iowa Code section 85.64. If so, the extent of
that credit.
9.
Assessment of costs.
FINDINGS
OF FACT
The
undersigned, having considered all of the evidence and
testimony in the record, finds: Claimant, Maria Botello-Lira,
began working for Sparboe Farms, Inc. in June of 2015. At the
time of hearing she was 46 years old and lived in Mesa,
Arizona.
Ms.
Botello-Lira asserts that she sustained an injury to her left
lower extremity on November 28, 2006, while working at
Sparboe Farms. At that time, she was working as a machine
operator in the breaking room. This job involved removal of
inferior eggs from a breaking machine. On November 28, 2006,
Ms. Botello-Lira slipped and fell on some oil and water near
a drain in front of a hand washing station. She testified
that her left foot slipped out in front of her and she fell
onto her left knee and her left knee cracked. She screamed
because of the pain and she was unable to move. Jim, her
supervisor, was called over. He tried to help her up, but she
instructed him not to touch her and not to move her. Another
employee was called over, and the supervisor and other
employee helped to get her into a wheelchair. Ms.
Botello-Lira was screaming in pain while they put her in a
wheelchair. She was wheeled to the office to complete an
injury report. She was then taken to the hospital.
(Testimony; Claimant’s Exhibit 3, page 4)
Ms.
Botello-Lira was seen at Mercy Medical Center in New Hampton.
The notes indicate that she had anterior left knee pain.
X-rays were taken. The diagnosis was contusion of the left
knee. (JE2, pp. 4-6)
The
next day Ms. Botello-Lira went to Allen Occupational Health.
She reported ankle pain and anterior left knee pain. She
rated her pain as 7.5 out of 10. An x-ray of the left ankle
showed soft tissue swelling surrounding the lateral
malleolus, but no osseous abnormality. X-rays of the left
knee showed no fractures or dislocation, no cortical erosion
or irregularity, and joint spaces were normal. The diagnosis
was a contusion to the left knee and left ankle strain. She
was provided a knee brace, a splint for her ankle, and a set
of crutches. (JE3, pp. 19-26)
Ms.
Botello-Lira returned to Allen Occupational on December 7,
2016. Her knee was better. She had been wearing a splint
during the day. They referred her for physical therapy. She
returned to Allen Occupational on December 21, 2016. She was
better, but continued to have symptoms. An MRI was
recommended. (JE3, pp. 27-35)
Ms.
Botello-Lira underwent a left knee MRI on January 5...
