VALORIE BOWMAN, Claimant
v.
GENERAL DYNAMICS INFO. TECH., Employer,,
and
NEW HAMPSHIRE INS. CO., Insurance Carrier,,
and
SECOND INJURY FUND OF IOWA, Defendants.
No. 5061908
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 23, 2020
Head
Note Nos.: 1100, 1108, 1800, 1802, 1803.1, 3200, 4500
ARBITRATION DECISION
JENNIFER S. GERRISH-LAMPE DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
STATEMENT
OF THE CASE
Valerie
Bowman, claimant, filed a petition in arbitration seeking
workers’ compensation benefits against General Dynamics
Information Tech., employer, New Hampshire Insurance Company,
insurer, and the Second Injury Fund of Iowa, all as
defendants for disputed work injury date of September 26,
2016. Claimant asserts two first qualifying dates of injury:
1968 right lower extremity and 1970 left lower extremity.
There are two hearing reports to reflect these alternative
arguments.
The
case was heard on September 25, 2019, in Des Moines, Iowa and
considered fully submitted on October 16, 2019, upon the
simultaneous filing of briefs.
The
record consists of Joint Exhibits 1-4; Claimant’s
Exhibits 1-13; Defendants’ Exhibits A-G, Second Injury
Fund of Iowa Exhibits AA-DD, and the testimony of claimant.
ISSUES
•
Whether claimant sustained an injury on September 26, 2016,
to October 11, 2016, which arose out of and in the course of
employment;
•
Whether the alleged injury is a cause of temporary disability
and, if so, the extent;
•
Whether the alleged injury is a cause of permanent disability
and, if so, the extent;
•
The appropriate commencement date of permanent disability
benefits;
•
Whether claimant is entitled to Second Injury Fund benefits
and, if so, the amount of benefits;
•
Whether claimant is entitled to reimbursement of medical
expenses itemized in Exhibit 11;
•
Whether claimant is entitled to penalty benefits under Iowa
Code section 86.13 and, if so, how much; and
•
The assessment of costs.
STIPULATIONS
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.
The
parties agree that at the time of the alleged injuries,
claimant was an employee of defendant-employer. Further,
claimant was single and entitled to one exemption. Her gross
weekly earnings were $551.51 per week. Based on the foregoing
numbers, the weekly benefit rate is $346.18.
The
claimant and defendant-employer and insurer agree that the
commencement date for permanent partial disability benefits
for the right upper extremity, if any are awarded, is July
19, 2017.
The
defendants waive all affirmative defenses. While the parties
do not agree on the causal connection between the medical
bills and the injury, defendants would further stipulate that
the fees and prices charged by the providers in the disputed
medical expenses were fair and reasonable, that the treatment
was reasonable and necessary, that they will not offer any
contrary evidence as to the reasonableness of the fees and/or
treatment, and although the causal connection of the expenses
to the work injury cannot be stipulated, the parties agree
that the listed expenses are at least causally connected to
the medical condition upon which the claim of injury is
based.
FINDINGS
OF FACT
At the
time of the hearing, the claimant was a 58-year-old person.
Her educational history includes a high school diploma, an
associate of applied science degree from Kirkwood Community
College, a medical transcription certificate from Hamilton
College, and a customer contact training certificate from
Kirkwood Community College.
She
currently lives in an apartment complex for senior citizens,
age 55 and older. She lives alone but her mobility has become
an issue. Her hobbies and activities include reading,
gathering with other residents, playing games and
participating in other organized activities at the complex.
She has cousins in a nearby city that travel to assist her
from time to time.
Claimant
has a diagnosis of genetic cerebral palsy due to a damaged
tendon in her brain. It affects the muscles and nerves in her
body. She has had to undergo various corrective surgeries to
her right and left legs.
In 1968
she underwent right leg surgery which stretched her tendons
and ligaments. Her left foot is weak and she has tendency to
drag it. In 1970 she had left leg surgery. She admits to
muscle weakness in both legs.
In
1978, she had major surgery to the right hip. The cerebral
palsy is described as mild, affecting her bilateral lower
extremities, her left arm and her speech. She has an unsteady
gait and uses a walker. She admits that she cannot walk
without an assistive device. The use of the walker inhibits
her ability to carry things, stand in place for longer than
10-15 minutes, navigate stairs, crouch or kneel. In her early
50s, she used a cane but as she has aged she has migrated to
the walker.
She has
a handicap sticker related to her cerebral palsy and has had
that sticker for approximately 20 years.
Her
work history includes working for the State of Iowa from
approximately 1981 to 1997 in medical coding and abstracting
for the oncology department at the University of Iowa. In
1998 she was working at the state health registry department
for the University of Iowa but was terminated due to the
quality of her work. She began working for the
defendant-employer in September 2006, was promoted to first
level supervisor in spring of 2016, and was laid off
effective June 1, 2017. Her job duties for defendant-employer
included handling telephone calls, computer work such as
accessing scripts, typing notes, and using her mouse to
navigate around various screens. She performed this work for
eleven years, eight hours a day, five days a week.
She
then went to work for Avedyne Health on September 5, 2017, in
the customer service help department. She involuntarily
resigned after there were complaints about her speech. Some
had reported it was difficult to understand her. She did not
work with any restrictions or accommodations at Avedyne
Health and testified she could physically do the work but
left on October 25, 2017, because of speech issues.
She
does not believe that she could return to medical coding as
the system has changed dramatically. She has attended some
continuing education classes but is not familiar with the
current systems. Physically, she is not sure that she could
manage the large facility due to her cerebral palsy.
She is
able to drive and drove herself to the hearing.
Claimant
was deemed eligible for Social Security Disability on
September 10, 2018, effective November 2017.
(Claimant’s Exhibit 9:2) She listed both carpal tunnel
syndrome and cerebral palsy as her disabling conditions. A
medical report was completed for the Social Security
Disability application by Mark C. Taylor, M.D. on July 19,
2018. (CE 13:51) The primary thrust of the medical report was
that claimant had cerebral palsy which had progressed over
the years to the point that she required the full-time use of
a walker even within her apartment. The cerebral palsy
prohibited claimant from performing material handling type
jobs or any jobs that required standing or walking. Her voice
was also impacted and would limit her ability to perform a
sedentary job if it required any type of communication. (CE
13:55) Her original application was denied but approved after
a request for reconsideration.
On June
1, 2016, claimant went to Melanie Stahlberg, M.D. for
hypertension, numbness in her fingers, and bronchitis. (JE
1:2) At that time, claimant had good grip strength in both
hands along with normal range of motion in her neck. (JE 1:2)
There were some signs of abnormal bilateral edema, greater on
the left. (JE 1:2) Her finger numbness was to be followed up
on. (JE 1:3) On July 12, 2016, she was seen by Meiying Kuo,
M.D., for the bilateral carpal tunnel syndrome that had been
ongoing for 4-5 years, with the right side being more...