DARRYL KEITH BROWDER, Claimant
v.
LABOR READY, Employer,
and
HELIOS SETTLEMENT SOLUTIONS, ESIS, INC., Insurance Carrier, Defendants.
No. 5064765
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 13, 2020
Head
Note: 2402
APPEAL DECISION
JOSEPH
S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
Claimant,
Darryl Browder, appeals from a ruling on a motion for summary
judgment filed May 23, 2019. In the ruling, the deputy
workers' compensation commissioner determined defendants
were entitled to summary judgment as a matter of law.
Specifically, the deputy workers' compensation
commissioner found, based on undisputed facts, claimant's
claim for workers' compensation benefits is barred by
application of Iowa Code section 85.26(1), as claimant failed
to file his petition within two years of the date of the
occurrence of the alleged work-related injury.
The
detailed record of the parties has been considered, and the
evidence has been reviewed de novo.
ISSUE
The
issue is whether a summary judgment based on failure to
comply with Iowa Code section 85.26(1) is appropriate.
FINDINGS
OF FACT
On
August 23, 2018, claimant filed his petition in this matter.
Claimant alleged, in the petition, dates of injury of August
19, 2015 through September 16, 2015. Claimant indicated in
his petition the injury occurred from "lifting heavy
things on job site, and I started hemorrhaging and bleeding
in my stools."
Defendants
denied claimant's claim for benefits and no benefits have
been paid. (Exhibit H)
In his
response to interrogatory answers, claimant indicated he
". .. told [his employer] immediately that I got hurt on
my job and from the date of loss as of 09/16/2015." (Ex.
B) In his response to Interrogatory No. 10, claimant contends
he told his supervisor, Julia Topp, about an injury occurring
on September 16, 2015. (Ex. C)
In his
response to Interrogatory No. 12, claimant indicated he was
admitted to the hospital on December 9, 2015, for injuries
related to his "09/16/2015" work injury. (Ex. D)
In his
response to Interrogatory No. 14, claimant indicates
"the date of onset or loss was 09/16/2015." (Ex. E)
In his
reply brief, claimant indicates "claimant is clearly...
