JAMES GERLACH, Claimant
v.
EAST SIDE JERSEY DAIRY, Employer,
and
FIDELITY AND GUARANTY, Insurance Carrier, Defendants.
No. 5065208
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 19, 2020
Head
Notes: 1700; 1703; 1803; 5-9999
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendant
East Side Jersey Dairy appeals from an arbitration decision
filed on February 13, 2019. Claimant, James Gerlach, responds
to the appeal. The case was heard on May 22, 2018, and it was
considered fully submitted in front of the deputy
workers' compensation commissioner on July 16, 2018.
In the
arbitration decision, the deputy commissioner found claimant
sustained 45 percent industrial disability as a result of the
stipulated work injury which occurred on December 23, 2009.
The deputy commissioner also found defendant was entitled to
a credit for overpayment in the amount of $6,972.45 against
any future liability for a subsequent injury.
On
appeal, defendant asserts the deputy commissioner's award
of 45 percent industrial disability is excessive and should
be reduced substantially. Defendant also requests an order
establishing the availability of their credit for overpayment
pursuant to Iowa Code section 85.34(5). Claimant asserts on
appeal that the arbitration decision should be affirmed in
its entirety.
Those
portions of the proposed agency decision pertaining to issues
not raised on appeal are adopted as a part of this appeal
decision.
I
performed a de novo review of the evidentiary record and the
detailed arguments of the parties. 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 February 13, 2019, that relate to the
issues properly raised on intra-agency appeal with additional
findings as set forth below.
I find
the deputy commissioner provided a well-reasoned analysis of
all the issues raised in the arbitration proceeding. I affirm
the deputy commissioner's findings of fact and
conclusions of law pertaining to those issues. I affirm the
deputy commissioner's finding that claimant sustained 45
percent industrial disability as a result of his work injury
without additional comment. I affirm the deputy
commissioner's finding that defendant is entitled to a
credit under Iowa Code section 85.34(5) with additional
analysis.
I
affirm the deputy commissioner's findings, conclusions
and analysis regarding all of the above issues. I provide the
following additional analysis for my decision:
At
hearing, the parties stipulated that defendant volunteered
215 weeks of PPD benefits at rate higher than the stipulated
rate of $819.20. On appeal, defendant requests an order
"establishing" the availability of its credit for...
