Bush v. Second Injury Fund of Iowa, 031120 IAWC, 5066853

Case DateMarch 11, 2020
CourtIowa
DORAN BUSH, Claimant
v.
SECOND INJURY FUND OF IOWA, Defendant.
No. 5066853
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 11, 2020
         Head Notes: 1108.50, 1402.20, 1402.40, 1803, 2907, 3202           ARBITRATION DECISION           ERIN Q. PALS DEPUTY WORKERS’ COMPENSATION COMMISSIONER          STATEMENT OF THE CASE          Doran Bush, claimant, filed a petition for arbitration against defendants, Prairie Farms Dairy, as the employer, and Indemnity Insurance Company of North America, as the insurance carrier. Mr. Bush also asserted a claim against the Second Injury Fund of Iowa in this file. Prior to hearing, claimant and the employer reached an agreement for settlement that resolved the pending claim against the employer and insurance carrier. Claimant proceeded to hearing against the Second Injury Fund of Iowa.          An in-person hearing occurred on November 25, 2019 in Des Moines, Iowa. The evidentiary record includes joint exhibits 1 through 5, claimant’s exhibits 1 through 9 and defendant’s exhibits A through J. Claimant testified on his own behalf. The Second Injury Fund did not call any witnesses to testify live at hearing.          The evidentiary record closed on November 25, 2019 at the end of the live hearing. The parties were given until January 10, 2020 to file their post-hearing briefs, at which time the case was considered fully submitted to the undersigned.          ISSUES          The parties entered into numerous stipulations on the hearing report submitted at the time of hearing. Those stipulations were accepted and no factual or legal issues relative to the parties’ stipulations will be discussed.          The parties submitted the following disputed issues for resolution:
1. Whether the alleged April 6, 2017 injury qualifies as a second injury for purposes of the Second Injury Fund of Iowa.
2. Whether claimant sustained a prior qualifying loss to the right arm in November of 2016.
3. The extent of claimant’s entitlement, if any, to permanent partial disability benefits as a result of the combined effects of the alleged injuries.
         FINDINGS OF FACTS          The undersigned, having considered all of the evidence and testimony in the record, finds: Claimant, Doran Bush, is a 51-year-old, left-hand dominant man. He lives in Asbury, Iowa. Mr. Bush graduated from high school in 1986. He was a below average student. After high school, he attended the University of Dubuque for one semester in 1987. However, he decided college was not a good fit for him. (Testimony)          During high school Bush worked for Nickolas Landscaping in Dubuque as a laborer. He worked part-time during the school year and full-time in the summers. During high school he also worked as a bus boy in a restaurant. After high school Bush worked for a computer accessory business in their packaging department. His work history also includes working as a tool room apprentice for approximately one year. He worked as a truck mechanic from approximately 1989 to 1998. He then drove trucks until approximately 2004. Next he opened his own landscaping business. He worked sodding, seeding, and planting bushes. He closed this business in 2008 because business was slow. Bush returned to truck driving until 2014 when he was hired by Prairie Farms Dairy in Dubuque, Iowa. He worked for Prairie Farms Dairy as a delivery driver. He was paid $.52 per mile and $22.50 for unloading time. His gross weekly earnings in 2017 were $1,357.03. (Testimony; Hearing Report)          In November of 2016, Bush was working at Prairie Farms Dairy as a semi-driver when he sustained an injury to his right arm. Bush backed the truck up to a dock to make a delivery. He exited his truck and was walking towards the door of the building when he fell and landed on his right arm. Since the November 2016 fall, Bush’s right upper extremity, outside of his hand, and fingers go numb. (Testimony)          Bush alleges he sustained an injury which arose out of and in the course of his employment with Prairie Farms Dairy on April 6, 2017. Bush was making a delivery, stepped out of his truck...

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