RON CARNEY, Claimant
v.
SHIWERS, INC., Employer,
and
ARGENT-WEST BEND MUTUAL INSURANCE COMPANY, Insurance Carrier,
SECOND INJURY FUND OF IOWA, Defendants.
No. 5051675
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 24, 2020
Head
Notes: 1402.40; 1803; 2502; 2701; 3002; 3202; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER
Claimant
Ron Carney appeals from an arbitration decision filed on
December 14, 2018. Defendants Shivvers, Inc., employer, and
its insurer, Argent-West Bend Mutual Insurance Company,
cross-appeal. Defendant Second Injury Fund of Iowa (the
Fund), responds to the appeal. The case was heard on October
23, 2017, and it was considered fully submitted in front of
the deputy workers' compensation commissioner on November
17, 2017.
The
deputy commissioner found claimant carried his burden of
proof to establish he sustained permanent disability as a
result of the stipulated work-related injury which arose out
of and in the course of claimant's employment with
defendant-employer on September 23, 2013. The deputy
commissioner found that as a result of the work injury,
claimant sustained scheduled member functional disability of
six percent of his left lower extremity, which entitles
claimant to receive 13.2 weeks of permanent partial
disability benefits commencing on May 21, 2014. The deputy
commissioner found claimant's correct weekly benefit rate
for the work injury is $312.15. The deputy commissioner found
claimant failed to carry his burden of proof to establish he
sustained a first qualifying injury on either August 17,
1990, or on November 11, 2002, with the result that the
deputy commissioner found claimant is not entitled to receive
benefits from the Fund. The deputy commissioner found
claimant is entitled to receive alternate medical care in the
form of ongoing treatment for the work injury by Randy
Metzger, DPM. The deputy commissioner found claimant is
entitled to receive reimbursement from defendants employer
and insurer in the amount $1,947.00 for the cost of the
independent medical evaluation (IME) of claimant performed by
Sunil...
