JEREMIAH COGGINS, Claimant
v.
QUAD COUNTY CORN PROCESSORS, Employer,
and
ACCIDENT FUND GENERAL INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5059597
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 13, 2020
Head
Note Nos: 1108.50; 1402.30; 2800; 2801; 2802; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Jeremiah Coggins appeals from an arbitration decision filed
on January 2, 2019. Defendants Quad County Corn Processors,
employer, and its insurer, Accident Fund General Insurance
Company, respond to the appeal. The case was heard on
September 7, 2018, and it was considered fully submitted in
front of the deputy workers' compensation commissioner on
October 10, 2018.
In the
arbitration decision, the deputy commissioner found claimant
satisfied his burden of proof to establish he sustained a
back injury that arose out of and in the course of his
employment with defendant-employer. The deputy commissioner
determined the proper manifestation date for claimant's
injury was October 5, 2016. The deputy commissioner found
claimant knew or should have known that his injury was
serious enough to have a permanent adverse impact on his
employment either on October 5, 2016, or no later than
January 30, 2017. Because defendants did not have notice of
claimant's injury until June 13, 2017, the deputy
commissioner found claimant did not provide timely notice of
his injury. As a result, the deputy commissioner determined
this claim is barred by the affirmative notice defense in
Iowa Code section 85.23.
Claimant
asserts on appeal that the deputy commissioner improperly
applied the discovery rule.
I have
performed a de novo review of the evidentiary record and the
detailed arguments of the parties and I reach the same
analysis, findings, and conclusions as those reached by the
deputy commissioner.
Pursuant
to Iowa Code sections 17A.5 and 86.24, I affirm and adopt as
the final agency decision those portions of the proposed
arbitration decision filed on January 2, 2019, which relate...
