DARRYL BREWER, Claimant
v.
GRIFFIN PIPE PRODUCTS, Employer, Self-Insured, Defendant.
No. 5038723
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 17, 2020
Head
Notes: 1402.40; 1803; 2905; 2907; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Darryl Brewer appeals from a review-reopening decision filed
on December 17, 2018. Defendant Griffin Pipe Products,
self-insured employer, responds to the appeal. The case was
heard on August 7, 2018, and it was considered fully
submitted in front of the deputy workers' compensation
commissioner on August 31, 2018.
On June
18, 2010, claimant sustained a work-related injury. In the
underlying arbitration decision filed in this case on March
29, 2013, the deputy commissioner found claimant was not at
MMI for the work injury and claimant was awarded a running
award of healing period benefits. The March 29, 2013,
arbitration decision was not appealed.
On May
26, 2017, claimant filed a review-reopening petition to
address the issue of the extent of his permanent disability
resulting from the work injury. The review-reopening petition
proceeded to hearing on August 7, 2018.
On
December 17, 2018, the deputy workers' compensation
commissioner issued a review-reopening decision finding
claimant sustained 80 percent industrial disability as a
result of the work injury, which entitles claimant to receive
400 weeks of permanent partial disability benefits commencing
on April 13, 2016. The deputy commissioner found claimant
failed to carry his burden of proof to establish he is
permanently and totally disabled as a result of the work
injury. The deputy commissioner ordered defendants to pay
claimant's costs of the review-reopening proceeding in
the amount of $100.00. Claimant asserts on appeal that the
deputy commissioner erred in finding claimant sustained 80
percent industrial disability as a result of the work injury.
Claimant asserts the deputy commissioner erred in failing to
find claimant is permanently and totally disabled as a result
of the work injury.
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