PATRICIA DAILEY, Claimant
v.
NORDSTROM, INC., Employer, Self-Insured, Defendant.
No. 5065024
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 24, 2020
Head
Notes: 1702, 1803
ARBITRATION DECISION
JOSEPH
L. WALSH DEPUTY WORKERS’ COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
The
claimant, Patricia Dailey, filed a petition for arbitration
and seeks workers’ compensation benefits from
Nordstrom, Inc., a self-insured employer. The claimant was
represented by William Nicholson. The defendants were
represented by James Peters.
The
matter came on for hearing on January 29, 2019, before Deputy
Workers’ Compensation Commissioner Joe Walsh in Cedar
Rapids, Iowa. The record in the case consists of Joint
Exhibits 1 through 11; Claimant’s Exhibits 1 through 4;
and Defense Exhibits B and C. The claimant testified under
oath at hearing. Marla Jeffrey Happel was appointed court
reporter for these proceedings. The matter was fully
submitted on February 21, 2019, after helpful briefing by the
parties.
ISSUES
The
parties submitted the following issues for determination:
1. The
extent of claimant’s industrial disability.
2. The
amount of the credit.
STIPULATIONS
Through
the hearing report, the parties stipulated to the following:
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 October 22, 2014.
3.
Temporary disability/healing period and medical benefits are
no longer in dispute.
4. The
commencement date for any permanent disability benefits is
May 17, 2016.
5. The
weekly rate of compensation is $496.64.
6.
Defendant has paid and is entitled to a credit of 51.857
weeks of compensation (permanent partial disability).
7.
Affirmative defenses have been waived.
FINDINGS
OF FACT
Patricia
Dailey was 58 years old as of the date of hearing. She
testified live and under oath. I find her to be highly
credible. Her testimony was consistent with the remainder of
the record. She was a reasonably good historian. There was
nothing about her demeanor which caused the undersigned any
concern about her truthfulness.
Ms.
Dailey is a right-handed woman from Memphis, Tennessee. She
attended school into the eighth grade. She has no formal
education in computer skills or typing. Her work history is
outlined in Claimant’s Exhibit 3, page 40. Prior to
working for Nordstrom, Ms. Dailey had worked as a waitress, a
nurse’s aide, and a cashier. She also worked briefly as
an assistant manager and then manager for Mapco Express, some
type of convenience store. Since November 1996 she has worked
for Nordstrom, the employer in this case. This is her most
relevant work history. In 1997, she transferred to the Cedar
Rapids office and worked in a Nordstrom shipping warehouse
doing shipping, customer returns and processing orders. The
Cedar Rapids warehouse is a large warehouse which processes
internet purchases and merchandise returns from all across
the United States.
Ms.
Dailey had no significant medical or impairment issues with
either of her shoulders prior to 2010. Ms. Dailey suffered an
injury to her left shoulder which manifested on or about
April 23, 2010. (Defendant’s Exhibit C, page 10) In
October 2011, Ms. Dailey underwent a surgery on her left
shoulder at the University of Iowa Hospitals and Clinics.
James Nepola, M.D., performed subacromial decompression
distal clavicle resection and acromioplasty procedures.
(Joint Exhibit 3, page 9) In May 2012, Dr. Nepola assigned a
15 percent upper extremity impairment rating for this
condition due to the loss of active range of motion in her
shoulder. (Jt. Ex. 3, p. 10) The claimant was also evaluated
by David Tearse, M.D., who assigned his own rating, as well
as a recommendation for permanent work restrictions for her
left arm of limiting above-shoulder reaching and avoid
cross-body reaching. (Def. Ex. C, p. 24) The left shoulder
claim was settled in early 2013 and approved on March 14,
2013. (Def. Ex. C)
It was
agreed that claimant had sustained a 23.97192 percent loss of
earning capacity for her left shoulder condition. (Def. Ex.
C, p. 10) She continued working for the employer earning the
same or better wages.
Ms.
Dailey worked in the Research Department. Her work was
monitored by management in order to meet processing goals.
She was required to process at least 250 pieces of returned
merchandise per shift. She worked at a station on a
processing line. Ms. Dailey would reach, lift and stack the
totes, sorting them so the totes were processed in order. She
would then scan the merchandise and enter...
