CAROL GONZALES, Claimant
v.
QUAKER OATS COMPANY,, Employer,
and,
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Insurance Carrier, Defendants.
No. 5061890
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 13, 2020
Head
Note No. 1101
ARBITRATION DECISION
JOSEPH
L. WALSH DEPUTY WORKERS’ COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
The
claimant, Carol Gonzales, filed a petition for arbitration
and seeks workers’ compensation benefits from Quaker
Oats Company, employer, and Indemnity Insurance Company of
North America, insurance carrier. The claimant was
represented by Anthony Olson. The defendants were represented
by Tim Wegman.
The
matter came on for hearing on May 29, 2019, before Deputy
Workers’ Compensation Commissioner Joe Walsh in Cedar
Rapids, Iowa. The record in the case consists of Joint
Exhibits 1 through 10; Claimant’s Exhibits 1 through 5
and Defense Exhibits A, B and D. The claimant testified under
oath at hearing. Vicki Newgard served as the court reporter.
The matter was fully submitted on June 17, 2019, after
helpful briefing by the parties. The parties presented an
orderly, succinct record and both parties were
well-represented.
ISSUES
The
parties submitted the following issues for determination:
1.
Whether the claimant sustained an injury which arose out of
and in the course of her employment on March 28, 2018.
Specifically, the defendants have asserted the “going
and coming” defense.
2.
Claimant contends the defendants are responsible for healing
period benefits from March 28, 2018, through August 27, 2018.
The defendants deny this primarily based on their denial of
injury itself.
3.
Whether the claimant has suffered any permanent functional
disability.
4.
Whether the defendants are responsible for medical expenses
set forth in Claimant’s Exhibit 5.
5.
Whether the defendants are responsible for independent
medical examination (IME) expenses under section 85.39, set
forth in Joint Exhibit 10.
6.
Whether the defendants are required to pay penalty under
section 86.13.
STIPULATIONS
Through
the hearing report, the parties stipulated to the following:
1. The
parties had an employer-employee relationship at the time of
the alleged injury.
2.
Claimant was off work between March 28, 2018, and August 27,
2018.
3. The
commencement date for any permanent disability benefits, if
any are owed, is August 28, 2018. The claimant’s
disability, if any, is confined to the right leg.
4. The
weekly rate of compensation is $1,002.42 per week.
5.
Defendants are entitled to a credit under section 85.38(2) in
the amount of $16,207.01.
6.
Affirmative defenses have been waived, with the exception of
the “coming and going” defense.
FINDINGS
OF FACT
Claimant,
Carol Gonzales, was 62 years old as of the date of hearing.
She is a long-term employee of Quaker Oats who resides in
Cedar Rapids, Iowa. Ms. Gonzales testified live and under
oath at hearing. I find her to be a highly credible witness.
Her testimony was professional, straightforward and direct.
She testified consistently with all other portions of the
record. There was certainly nothing about her demeanor which
caused the undersigned any concern about her truthfulness. In
fact, the opposite is true.
The
facts are not really disputed in this case. Ms. Gonzales is a
long-term employee of Quaker Oats. She has an
associate’s degree. She also serves as a Union Steward
for the Retail, Wholesale and Department Store Union Local
110 (RWDSU Local 110). RWDSU Local 110 has a collective
bargaining agreement (CBA) with Quaker Oats which governs
labor-management relations. The only portion of the CBA which
is relevant to these proceedings is contained in
Claimant’s Exhibit 4:
Union Security The success of the new work system is
dependent upon sustaining a strong independent Union. To
ensure this the RWDSU and Quaker Oats Company have agreed to
the following:
• The Company will provide eight (8) hours of Union
education on paid company time (on site) for all Quaker Cedar
employees. The RWDSU will develop and deliver this training.
• The Company agrees to provide sixteen (16) hours paid
release time (off-site) for all Local 110 RWDSU stewards to
provide training/roles in the new work system. This training
shall be provided annually.
(Claimant’s Exhibit 4) The agreement itself specifies
the training is to be delivered offsite. As a Union steward,
Ms. Gonzales was familiar with this training. She testified
the training is mandatory and an employee could be
disciplined for failure to attend. (See also, Cl. Ex. 3) She
testified that the steward’s training covers a variety
of topics, including the CBA (including the grievance
process), company policies and Union history. The training
essentially teaches stewards how to effectively represent
Union members. Ms. Gonzales testified the Company often
participates in the training as well. In the text of the
Union Security provision of the CBA it is evident that it is
intended to benefit both the Union and the Company in
maintaining peaceful labor-management relations.
On
March 13, 2018, RWDSU 1
st Vice President Bob Dixon
sent an email to a No. of individuals scheduling training in
2018. The subject line was “Steward’s Training
2018.” (Cl. Ex. 1)
We will be conducting Stewards Training March 26th
through the 29th. I have attached a workbook with
multiple sheets which have the days employees will be
attending the training. Please get these people on the
schedule and if there are any issues, please let us know so
we can make arrangements.
(Cl. Ex. 1) An attachment listed “Carol Gonzales”
from Sanitation for the March 28-29 training. (Cl. Ex. 2)
The
facts regarding the injury itself are not in dispute. Ms.
Gonzales testified that she was scheduled to attend the
steward’s training on March 28, 2019, at 7:00 a.m. She
testified that she left her home and drove in her personal
vehicle to the Union Hall in order to be...