Fuller v. Christensen Family Farms, 013120 IAWC, 5062501

Case DateJanuary 31, 2020
CourtIowa
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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