TIMOTHY GEHRING, Claimant
v.
ANNETT HOLDINGS, INC., d/b/a TMC TRANSPORTATION, Employer, Self-Insured, Defendants.
No. 5054909
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 20, 2020
Head
Notes: 1402.20; 1801; 1803; 2501; 2502; 2701; 2907
APPEAL DECISION
JOSEPH
S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER
Claimant
Timothy Gehring appeals from an arbitration decision filed on
May 17, 2018. Defendant Annett Holdings, Inc., d/b/a TMC
Transportation, self-insured employer, responds to the
appeal. The case was heard on March 7, 2018, and it was
considered fully submitted in front of the deputy
workers' compensation commissioner on April 16, 2018.
The
deputy commissioner found claimant failed to carry his burden
of proof to establish he sustained an injury or any permanent
disability to his right shoulder as alleged as a result of
the stipulated injury which arose out of and in the course of
his employment with defendant on June 30, 2014. The deputy
commissioner found that while claimant carried his burden of
proof to establish he sustained injuries to his head and
thoracic spine as a result of the work injury, claimant
failed to carry his burden of proof to establish he sustained
any permanent disability to his head or thoracic spine as a
result of the work injury. The deputy commissioner found
claimant is not entitled to receive any additional temporary
disability benefits or any permanent disability benefits for
the work injury. The deputy commissioner found claimant is
not entitled to alternate medical care for the work injury.
With regard to the past requested medical expenses itemized
in Exhibit 4, the deputy commissioner found claimant is
entitled to payment by defendant for those expenses related
to claimant's head and thoracic spine, but the deputy
commissioner found claimant is not entitled to payment by
defendants for the medical expenses related to claimant's
right shoulder condition. The deputy commissioner found
claimant is entitled to reimbursement from defendant for the
independent medical evaluation (IME) of claimant performed by
Irving Wolfe, D.O., on October 24, 2016. The deputy
commissioner ordered defendant to pay claimant's costs of
the arbitration proceeding.
Claimant
asserts on appeal that the deputy commissioner erred in
finding claimant did not sustain an injury or any permanent
disability to his right shoulder as a result of the work
injury. Claimant asserts the deputy commissioner erred in
finding claimant did not sustain permanent disability to his
head and his thoracic spine as a result of the work injury.
Claimant asserts the deputy commissioner erred in finding
claimant is not entitled to receive any additional temporary
disability benefits or any permanent disability benefits for
the work injury.
Defendant
asserts on appeal that the arbitration decision should be
affirmed in its entirety.
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 May 17, 2018, which relate to
the issues properly raised on intra-agency appeal.
I find
the deputy commissioner provided a well-reasoned analysis of
all of the issues raised in the arbitration proceeding. I
affirm the deputy...
