Brown v. Mount Mercy University, 021920 IAWC, 5064388

• Case Date: February 19, 2020
• Court: Iowa

WILLIAM BROWN, Claimant v. MOUNT MERCY UNIVERSITY, Employer,, and, ACCIDENT FUND, Insurance Carrier, Defendants. No. 5064388 Iowa Workers Compensation Before the Iowa Workers' Compensation Commissioner February 19, 2020          Head Note Nos. 1108, 1703, 1803, 1803.1, 2502           ARBITRATION DECISION           MICHELLE A. MCGOVERN DEPUTY WORKERS’ COMPENSATION COMMISSIONER          STATEMENT OF THE CASE          This is a petition is arbitration. The contested case was initiated when claimant, William Brown, filed his original notice and petition with the Iowa Division of Workers’ Compensation. The petition was filed on July 5, 2018. Claimant alleged he sustained a work-related injury on January 29, 2018. Claimant alleged the wok injury affected his left leg. Later, claimant alleged he also injured his left hip and left tarsal tunnel. (Original notice and petition)          For purposes of workers’ compensation, Mount Mercy University, is insured by Accident Fund. The University is affiliated with the Sisters of Mercy. Defendants accepted the claim for the left leg injury. They filed their answer on July 23, 2018. Defendants denied liability for the left hip and left tarsal tunnel. A first report of injury was filed on February 14, 2018.          The hearing administrator scheduled the case for hearing on September 24, 2019. The hearing took place at Iowa Workforce Development in Des Moines, Iowa at 150 Des Moines Street. The undersigned appointed Ms. Janice Doud as the certified shorthand reporter. She is the official custodian of the records and notes. Claimant testified at hearing. Ms. Linda Brown, spouse, testified on behalf of claimant. Claimant also called Ms. Connie Albaugh, Assistant Human Resources Director at Mount Mercy University. Defendants called Mr. Tom Doermann, Assistant Vice President of Human Resources and Operations at Mount Mercy University, as well as Ms. Deborah O’Hara, Facilities Operations Supervisor at Mount Mercy University.          The parties offered joint exhibits 1 through 6. Claimant offered exhibits 1 through 8. Defendants offered exhibits A through F. The exhibits were admitted as evidence in the case.          Post-hearing briefs were filed on November 12, 2019. The case was deemed fully submitted on that date. Finally, a transcript of the proceedings was filed on January 29, 2020.          STIPULATIONS          The parties completed the designated hearing report. The various stipulations are:

1. There was the existence of an employer-employee relationship at the time of the injury;

2. Claimant sustained an injury on January 29, 2018 which arose out of and in the course of his employment;

3. The parties agree the injury resulted in a temporary disability to the left leg;

4. Temporary or healing period benefits are no longer in dispute;

5. The parties agree the weekly benefit rate is $429.29 per week;

6. Defendants have waived any affirmative defenses;

7. Claimant has paid certain costs and defendants do not dispute those costs have been paid.

         ISSUES          The issues presented are:

1. Whether claimant sustained an injury to his left hip, his left tarsal tunnel and to his body as a whole as a result of a work injury on January 29, 2018;

2. Whether the alleged injuries are causally related to any permanent disability;

3. If there is a permanent disability as a result of the work injury on January 29, 2018 what is the extent of the permanent disability?

4. Whether the alleged injuries resulted in any industrial disability;

5. Whether the commencement date for the payment of any permanent partial disability benefits is May 21, 2018 or whether claimant is entitled to a running award; and

6. Whether claimant is entitled to alternate medical care pursuant to Iowa Code section 85.27.

         FINDINGS OF FACT          This deputy, after listening to the testimony of claimant and the four other witnesses who testified at hearing, after judging the credibility of the people who testified, and after reading the evidence, and the post-hearing briefs, makes the following findings of fact and conclusions of law:          The party who would suffer loss if an issue were not established has the burden of proving the issue by a preponderance of the evidence. Iowa Rule of Appellate Procedure 6.14(6). Claimant is 64 years old. He will become 65 in February of 2020. He is married. Claimant resides in Cedar Rapids, Iowa with his spouse of 22 years. He has an eighth grade education. Claimant does not have a general equivalency diploma (GED). Claimant is functionally illiterate. He is incapable of completing his own applications for employment. His spouse must assist him in filling out simple forms.          Personnel at Mount Mercy University hired claimant to work as a custodian at the University. Claimant commenced his employment on March 16, 2015. A job description was submitted as claimant’s exhibit 2. It is adopted by reference as though fully set out herein. The parties agreed claimant was regularly required to bend, kneel, and crouch as part of his regular job duties. He was frequently required to stand, walk, and reach with his hands and arms. (Claimant’s Exhibit 2) Claimant remained employed by Mount Mercy University through May 31, 2018. (Cl. Ex. 5, p. 17)          At his arbitration hearing, claimant testified during direct examination how his injury to his left leg occurred. He stated under oath:

Q. (By Mr. Steadman) Describe to me what happened on January 29th, 2018, at Mount Mercy.

A. I went into the custodian room, got my shower kit for scrubbing the showers, brought it in, hooked it all up, went and sprayed down the walls, the floor, stepped out, grabbed my mop, mop handle that I scrub my walls and floor with, went back, stepped off my right foot on like a little concrete step, went in with my left foot, stepped inside the shower. That’s when my knee went out sideways on me.

Q. What knee is that?

A. My left knee.

Q. What happened when it went out sideways on you?

A. It made a loud pop.

Q. And did you just hear the pop?

A. I heard it and I felt it.

Q. What did it feel like?

A. Like something popped out of joint.

Q. Did you have any kind of pain?

A. Yes, I did.

Q. What was the pain like?

A. Very sharp pain.

Q. And where was that pain located?

A. Inside of my left knee.

(Transcript, pages 26-27) Claimant testified he uses a cane since the onset of his work injury. He stated he relies on the cane unless he is sleeping. No. medical provider prescribed a cane to assist claimant in ambulating.          Claimant was directed to see Nicholas O. Bingham, M.D. for medical care. Dr. Bingham examined claimant on February 7, 2018. (Joint Exhibit 1, page 1) The physician noted the following with respect to claimant’s left knee:

Musculoskeletal:

Left knee: He exhibits effusion, bony tenderness and abnormal meniscus. Tenderness found. Medial joint line tenderness noted.

Legs:

McMurry and Thessaly sign’s positive for meniscus tear. Drawer sign is negative. Does not appear to be any lateral instability

(Jt. Ex. 1, p. 2)          Dr. Bingham diagnosed claimant with a sprain of the left knee, and an unspecified ligament. (Jt. Ex. 1, p.2) Dr. Bingham referred claimant for magnetic resonance imaging (MRI). (Jt. Ex. 1, p. 3) Temporary restrictions were imposed too. (Jt. Ex. 1, p. 3)          On February 16, 2018, claimant had MRI testing. Gerald Decker, M.D. interpreted the MRI test results. The results showed:

1. No. acute fractures.

2. Curvilinear signal touching the articular surface on a single slice in the posterior or horn of the medial meniscus has a 40% statistical probability of representing a meniscal tear.

3. Possible partial tear or sprain of the conjoined tendon insertion of the lateral collateral ligament and biceps femoris tendon as above.

4. Mild quadriceps and patellar tendinosis.

5. Chondromalacia and degenerative changes as above.

6. No. other acute major ligamentous injury.

7. Possible small radial tear at the free edge of the body of the lateral meniscus.

8. Complex soft tissue and intraosseous ganglion cyst at the margin of the proximal tibia and fibula extending into the fibular head.

(Jt. Ex. 2, p. 8) ...