Chilton v. Hormel Foods Corp., 020720 IAWC, 5042244

• Case Date: February 07, 2020
• Court: Iowa

BRENDA CHILTON, Claimant v. HORMEL FOODS CORP., Employer, Self-Insured, Defendant. No. 5042244 Iowa Workers Compensation Before the Iowa Workers' Compensation Commissioner February 7, 2020          Head Note Nos. 2905, 2300           REVIEW-REOPENING DECISION           JOSEPH L. WALSH, DEPUTY WORKERS’ COMPENSATION COMMISSIONER          STATEMENT OF THE CASE          The claimant, Brenda Chilton, filed a petition for review-reopening and seeks workers’ compensation benefits from Hormel Foods Corporation, a self-insured employer. The claimant was represented by Ryan Beattie. The defendants were represented by Edward Rose.          The matter came on for hearing on October 22, 2018, before deputy workers’ compensation commissioner Joe Walsh in Des Moines, Iowa. The record in the case consists of joint exhibits 1 through 5; claimant’s exhibits 6 through 7; and defense exhibits A through B. The claimant testified under oath at hearing. Amy Pederson was appointed the official reporter and custodian of the notes of the proceeding. The parties also requested the agency take administrative notice of portions of the agency file. The matter was fully submitted on December 10, 2018, after helpful briefing by the parties.          ISSUES          The parties submitted the following issues for determination:          1. The primary issue in this case is whether the claimant has proven the prerequisites to demonstrate she is entitled to review-reopening benefits under Iowa Code section 86.14.          2. Whether the claimant is entitled to medical expenses under Iowa Code section 85.27 as set forth in Claimant’s Exhibit 7.          3. Costs are disputed, including the medical evaluation of Sunil Bansal, M.D.          STIPULATIONS          Through the hearing report, the parties stipulated and/or established in the prior hearing:          1. The parties had an employer-employee relationship at the time of the injury.          2. Claimant sustained an injury which arose out of and in the course of employment on August 13, 2001.          3. This work injury is a cause of both temporary and permanent disability.          4. In an October 9, 2014, arbitration decision, claimant was awarded a 15 percent industrial disability. This decision was affirmed on appeal on November 30, 2015.          5. Temporary disability/healing period and medical benefits are not in dispute.          6. The weekly rate of compensation is $426.36.          7. Affirmative defenses have been waived.          FINDINGS OF FACT          Brenda Chilton lives in Lovilia, Iowa and has worked at Hormel Foods for the past 27 years as of the time of hearing. She testified live and under oath at hearing. She is a credible witness. She was an accurate historian. Her testimony generally comports with the other evidence in the record. There was nothing about her demeanor at hearing which caused the undersigned any concern regarding her truthfulness.          This case is extraordinarily old. The first snapshot of claimant’s condition was taken on March 7, 2014. On October 9, 2014, the agency entered a decision which legally established Ms. Chilton’s condition as of March 7, 2014. Relevant findings of fact are set forth below.

Claimant was 54 years old at the time of hearing. Claimant graduated from high school. She attended a community college at Indian Hills but did not graduate. (Transcript pages 10-12)

Claimant has worked as a bartender and a cook at a bar. She has worked at a convenience store. Since 1992 claimant has worked as a production line worker with Hormel. (Ex. H, p. 3; Tr. pp. 13-14)

During her employment with Hormel, claimant also worked part time as a cook at the North End Tap. Claimant worked at the North End Tap from 1985 through 2009. (Ex. H, p. 6; Tr. pp. 15-16)

At the time of her injury, claimant worked in the Cryovac line at Hormel. On the Cryovac line claimant worked with salami rolls, approximately 17 inches long and 5-6 inches in diameter. Claimant was also involved with the cutting and bagging of meat, boxing meat and palletizing the boxes. (Tr. 18-25)

Claimant testified that at approximately every hour, workers on the Cryovac line changed jobs. She said she worked an average of 10 hours per day 5-6 days per week. (Tr. p. 26) Claimant testified she used her right arm constantly on her job. (Tr. p. 39)

In 2001 claimant began experiencing pain in her right shoulder. She noticed her right arm began to be swollen. (Tr. pp. 26-27)

On August 13, 2001 claimant was evaluated by Jeffrey Davick, M.D. with complaints of right shoulder pain. Claimant was assessed with right shoulder impingement with trapezius pain. (Ex. A, pp. 1-2)

Claimant returned to Dr. Davick in October of 2003 with complaints of symptoms in the right shoulder. She was assessed as having an impingement syndrome on the right. Claimant was recommended to go to Iowa City to be evaluated. (Ex. A, pp. 3-4)

On January 9, 2004 claimant was evaluated by Lynn Nelson, D.O. for neck and right shoulder pain. A cervical MRI was recommended. (Ex. A, pp. 4-7) Claimant underwent an MRI. It showed small degenerative protrusions from level C4-C7 and a C5-6 level disc herniation. Claimant declined work restrictions. She was treated with medication. (Ex. A, pp. 7-11)

In a September 29, 2005 note claimant was restricted from working the pre-break or batching jobs at Hormel. (Ex. 2, p. 5) In a December 22, 2005 note claimant was also restricted from lifting more than 50 pounds, or pushing more than 100 pounds more than 5 times an hour, due to her shoulder condition. (Ex. 2, p. 6)

In approximately 2009 claimant quit working at the North End Tap. She began working at the South End Tavern. Claimant worked at the South End Tavern, and continues to work there, approximately 10-20 hours a week. Claimant cooks and tends bar. Claimant testified she gave her son money to purchase the South End Tavern and that she only works there to help him out. (Tr. 73-74)

Claimant was returned to work with no restrictions on January 28, 2010. (Ex. 2, p. 10)

On April 5, 2010 claimant saw Dr. Davick with complaints of numbness in the right hand. EMG and nerve conduction velocity (NCV) studies were recommended. (Ex. 8, p. 12)

EMG/NCV testing was done on the right on April 7, 2010. Test results were normal. Claimant was given a subacromial injection by Dr. Davick for pain. (Ex. A, p. 12; Ex. C, pp. 1-2)

An MRI of claimant’s cervical spine on June 4, 2010 showed degenerative spondylosis with mild disc protrusions at the C5-C7 levels. Claimant was referred to a hand specialist. (Ex. 2, p. 15; Ex. A, p. 14)

Claimant saw Delwin Quenzer, M.D., a hand specialist, on July 14, 2010. Dr. Quenzer recommended against surgery. Claimant indicated she did not want to take off or be restricted from work. (Ex. A, pp. 16-17)

On October 11, 2011 claimant underwent EMG/NCV studies. They showed claimant had a right carpal tunnel syndrome, but did not show evidence of a right cervical radiculopathy. (Ex. C, pp. 3-4)

On October 15, 2010 claimant was evaluated by Christian Ledet, M.D. Dr. Ledet is an anesthesiologist specializing in pain management. A cervical epidural steroid injection (ESI) was recommended. Claimant was found to be at maximum medical improvement (MMI) and had no permanent impairment for her neck. (Ex. A, pp. 24-26)

On December

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