ALEVIA GREEN, Claimant
v.
NORTH CENTRAL IOWA REGIONAL SOLID WASTE AGENCY, Employer,
and
IMWCA, Insurance Carrier, Defendants.
No. 5042527
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 16, 2020
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendants
North Central Iowa Regional Solid Waste Agency, employer, and
its insurer, IMWCA, filed a motion for summary judgment and
supporting documentation in this matter on September 10,
2018. Claimant Alevia Green filed a resistance to the motion
for summary judgment on October 2, 2018. On October 11, 2018,
the deputy workers' compensation commissioner filed a
ruling sustaining defendants' motion for summary
judgment. Claimant appeals from that ruling and defendants
respond to the appeal.
A brief
review of the procedural background of this case is
necessary. On October 6, 2014, this case proceeded to hearing
in arbitration. At the October 6, 2014, hearing, the parties
stipulated claimant sustained a work-related injury resulting
in temporary disability, though they disputed whether
claimant's injury caused any permanent disability or
additional periods of temporary disability.
In an
arbitration decision issued on December 19, 2014, a deputy
workers' compensation commissioner determined claimant
did not meet her burden of establishing that her work injury
caused any permanent impairment or loss of earning capacity.
Specifically, the deputy commissioner found "claimant
suffered mild (at most) brain injury and some relatively
minor physical injury, all of which resolved without
any permanency." (Arbitration Decision, page 4)
(emphasis added) The deputy commissioner also determined
claimant was not entitled to additional temporary benefits or
medical benefits beyond those already paid by defendants. The
deputy commissioner noted the period of temporary benefits
sought by claimant was "long after the claimant's
temporary disability was resolved' and that
defendants had "reimbursed the claimant for all
reasonable medical expenses incurred in the treatment of the
injury." (Arb. Dec. pp. 5-6) (emphasis added) Claimant
appealed.
On
April 11, 2016, the commissioner issued an appeal decision
affirming the arbitration decision in its entirety with some
additional analysis. The commissioner specifically affirmed
the deputy commissioner's finding that claimant failed to
carry her burden of proof that her work injury caused
permanent disability. The commissioner also specifically
affirmed the deputy commissioner's finding that
defendants were not responsible for any additional medical
care or treatment beyond what had already been paid. (Appeal
Decision, p. 20) Based on the fact that neither
claimant's own independent medical examiner nor any of
her authorized treating medical providers were recommending
additional treatment for her work injury, the commissioner
added that "defendants are not responsible for any
ongoing or future medical care or treatment." Lastly,
because the deputy commissioner's finding that claimant
was not entitled to additional temporary benefits was not
appealed, it was not addressed by the commissioner. Claimant
then filed a petition for judicial review.
On May
1, 2017, the District Court issued its ruling. The court
affirmed the commissioner's decision but for his findings
regarding claimant's claims for reimbursement of past
medical expenses. That portion of the decision was reversed
and remanded.
In a
remand decision dated March 8, 2018, the commissioner found
defendants liable for past medical charges incurred with
Trinity Regional Medical Center for the date of service of
April 30, 2012; with The Iowa Clinic, UnityPoint Clinic, and
Iowa Methodist Medical Center for dates of service from April
30, 2012 through May 2, 2012; and for UnityPoint Clinic
billings for the date...
