MICHAEL FULLER, Claimant
v.
CHRISTENSEN FAMILY FARMS, Employer,
and,
CCMSI, Insurance Carrier, Defendants.
No. 5062501
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 31, 2020
Head
Note Nos: 1108.50; 1402.30; 1802; 1803; 2501; 2907; 4000.2;
5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendants
Christensen Family Farms, employer, and CCMSI, its insurance
carrier, appeal from an arbitration decision filed on
November 20, 2018. Claimant Michael Fuller responds to the
appeal. The case was heard on September 22, 2017, and it was
considered fully submitted in front of the deputy
workers' compensation commissioner on October 20, 2017.
The
deputy commissioner found claimant carried his burden of
proof to establish he sustained an injury on March 29, 2016,
which arose out of and in the course of his employment with
defendant-employer. The deputy commissioner found claimant is
entitled to receive healing period benefits from March 29,
2016, through April 10, 2016. The deputy commissioner found
claimant sustained five percent industrial disability as a
result of the work injury, which entitles claimant to receive
25 weeks of permanent partial disability benefits commencing
on April 11, 2016. The deputy commissioner found claimant is
not entitled to receive penalty benefits from defendants. The
deputy commissioner found claimant is entitled to payment by
defendants for all past requested medical expenses and
associated mileage causally related to the work injury. The
deputy commissioner found that pursuant to Iowa Code section
85.39, claimant is not entitled to reimbursement for the cost
of the independent medical examination (IME) of claimant
performed by Sunil Bansal, M.D., on August 5, 2016. The
deputy commissioner ordered defendants to pay claimant's
costs of the arbitration proceeding in the amount of
$1,784.08.
Defendants
assert on appeal that the deputy commissioner erred in
finding claimant carried his burden of proof to establish he
sustained a work-related injury on March 29, 2016, and in
awarding claimant any benefits.
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