Gonzales v. Quaker Oats Co., 031320 IAWC, 5061890

Case DateMarch 13, 2020
CourtIowa
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 1st 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...

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