DAVID GLAUSSER, Claimant
v.
SECOND INJURY FUND OF IOWA, Defendant.
No. 5065874
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 12, 2020
Head
Note Nos: 1108.50; 1402.40; 1803; 3202; 3203; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendant
Second Injury Fund of Iowa (the Fund) appeals from an
arbitration decision filed on October 23, 2018. Claimant
David Glausser cross-appeals. The case was heard on August
30, 2018, and it was considered fully submitted in front of
the deputy workers' compensation commissioner on
September 24, 2018.
The
deputy commissioner found claimant carried his burden of
proof to establish he sustained a first qualifying injury to
his right lower extremity on October 9, 1990, and a second
qualifying work-related injury to his left lower extremity on
December 16, 2014, for the purpose of receiving benefits from
the Fund. The deputy commissioner found that as a result of
the two injuries taken together, claimant sustained 45
percent industrial disability, which entitles claimant to
receive 141.4 weeks of permanent partial disability (PPD)
benefits from the Fund after the Fund receives the
appropriate credits totaling 83.6 weeks for the qualifying
injuries. The deputy commissioner found the Fund is entitled
to receive a credit of 19.8 weeks for the first qualifying
injury, and the deputy commissioner found the Fund is
entitled to receive a credit of 63.8 weeks for the second
qualifying work injury, for a total credit 83.6 weeks. The
deputy commissioner found the Fund is not entitled to receive
an additional requested credit of 17.6 weeks for permanent
disfigurement of claimant's left lower extremity caused
by the work injury. The deputy commissioner found that
pursuant to Iowa Code section 85.66, claimant's costs of
the arbitration proceeding cannot be taxed against the Fund.
The
Fund asserts on appeal that the deputy commissioner erred in
finding claimant sustained a first qualifying injury and in
awarding claimant industrial disability benefits to be paid
by the Fund. In the alternative, the Fund...
