JIMMY COCHRAN, Claimant
v.
QUEST LINER, INC., Employer,
and
STANDARD FIRE INSURANCE CO., Insurance Carrier, Defendants.
No. 5065497
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 7, 2020
Head
Note Nos: 1402.40; 1802; 2907; 4000.2; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Jimmy Cochran appeals from an arbitration decision filed on
September 24, 2018. Defendants Quest Liner, Inc., employer,
and its insurer, Standard Fire Insurance Company, respond to
the appeal. This case was heard on July 31, 2018, and it was
considered fully submitted in front of the deputy
workers' compensation commissioner on August 15, 2018.
The
deputy commissioner found claimant is entitled to receive a
running award of healing period benefits commencing May 17,
2018, through the date of arbitration hearing and continuing,
for the stipulated work injury which arose out of and in the
course of claimant's employment with defendant-employer
on February 3, 2017. The deputy commissioner found claimant
is not entitled to receive penalty benefits from defendants
for an alleged unreasonable failure to pay weekly benefits
from May 17, 2018, through the date of the arbitration
hearing. The deputy commissioner ordered defendants to pay
claimant's costs of the arbitration proceeding in the
amount of $100.00.
Claimant
asserts on appeal that the deputy commissioner erred in
finding claimant is not entitled to receive penalty benefits.
Claimant asserts the deputy commissioner erred in finding it
was reasonably debatable whether claimant was entitled to
receive weekly benefits from May 17, 2018, through the date
of the arbitration hearing.
Defendants
assert on appeal that the arbitration decision should be
affirmed in its entirety.
Those
portions of the proposed agency decision pertaining to issues
not raised on appeal are adopted as a part of this appeal
decision.
I have
performed a de novo review of the evidentiary record and the
detailed arguments of the parties and I reach the same...
