Crabtree v. Tri-City Electric Company, 032020 IAWC, 5059572

Case DateMarch 20, 2020
CourtIowa
DAVID CRABTREE, Claimant
v.
TRI-CITY ELECTRIC COMPANY, Employer,
and
OLD REPUBLIC INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5059572
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 20, 2020
         Head Notes: 1402.40, 1802, 1803, 2501,2701,2907           APPEAL DECISION           JOSEPH S. CORTESE II WORKERS' COMPENSATION COMMISSIONER          Defendants Tri-City Electric Company, employer, and Old Republic Insurance Company, insurer, appeal from an arbitration decision filed on January 18, 2019. Claimant David Crabtree cross-appeals. The case was heard on September 11, 2018, and it was considered fully submitted in front of the deputy workers' compensation commissioner on October 29, 2018.          In the arbitration decision, the deputy commissioner found claimant sustained permanent physical and mental injuries that arose out of and in the course of his employment with defendant-employer on December 23, 2015. The deputy commissioner found claimant did not satisfy his burden of proof to establish he was permanently and totally disabled or an odd-lot employee. Instead, the deputy commissioner found claimant sustained 80 percent industrial disability as a result of the work injury. The deputy commissioner determined claimant's permanent partial disability (PPD) benefits should commence on December 24, 2015, when claimant returned to work the day after the injury. The deputy commissioner found claimant was entitled to receive healing period benefits from October 13, 2016, through July 23, 2017, and again from August 4, 2017, through August 10, 2018. The deputy commissioner found claimant was entitled to receive reimbursement for the medical expenses and the medical mileage itemized in Claimant's Exhibit 15, with the exception of charges from Elite Fitness. The deputy commissioner found claimant is entitled to receive future medical care for all causally-related medical conditions. The deputy commissioner ordered defendants to pay claimant's costs of the arbitration proceeding in the amount of $113.54.          On appeal, defendants argue claimant's ongoing symptoms and mental conditions are not related to the stipulated December 23, 2015 work injury. Defendants alternatively argue that claimant did not sustain any industrial disability, but if he did, he is not an odd-lot employee. Defendants assert claimant is not entitled to any additional temporary benefits and that the proper commencement date for any PPD benefits is May 23, 2016. Lastly, defendants argue claimant has not established his entitlement to alternate medical care or reimbursement of medical expenses. Claimant seeks affirmance of the deputy commissioner's decision but for the extent...

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