WAYNE BURRETT, Claimant
v.
WINDRIDGE IMPLEMENTS, LLC, Employer,
and
TECHNOLOGY INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5061046
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 3, 2020
Head
Note Nos: 1402.40; 1804; 2502; 3002; 4000.2; 5-9999
APPEAL DECISION
JOSEPH
S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER
Defendants
Windridge Implements, L.L.C., employer, and Technology
Insurance Company, its insurance carrier, appeal from an
arbitration decision filed on November 30, 2018, and an order
nunc pro tune filed on January 14, 2019. Claimant Wayne
Burrett responds to the appeal. The case was heard on August
30, 2018, and it was considered fully submitted in front of
the deputy workers' compensation commissioner on
September 28, 2018.
In the
arbitration decision, the deputy commissioner found claimant
carried his burden of proof to establish he is permanently
and totally disabled as a result of the stipulated January
27, 2016, work-related injury. The deputy commissioner found
claimant's correct weekly benefit rate is $542.51. The
deputy commissioner found that pursuant to Iowa Code section
85.39, claimant is entitled to reimbursement from defendants
for the cost of the independent medical examination (IME) of
claimant performed by Farid Manshadi, M.D., on June 8, 2018.
The deputy commissioner determined claimant carried his
burden to prove his entitlement to penalty benefits in the
amount of $2,040.93 based on defendants' underpayment and
late payment of benefits. Lastly, the deputy commissioner
ordered defendants to pay a portion of claimant's costs
of the arbitration proceeding.
In the
order nunc pro tune, the deputy commissioner corrected his
rate calculation to reflect the appropriate No. of weeks
considered in calculating claimant's average weekly wage.
The rate was corrected to $509.98 per week. The deputy
commissioner adjusted penalty benefits accordingly to
$1,886.27.
Defendants
assert on appeal that the deputy commissioner erred in
finding claimant sustained permanent total disability as a
result of the work...
