Bowman v. General Dynamics Info. Tech., 012320 IAWC, 5061908

Case DateJanuary 23, 2020
CourtIowa
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...

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