Gullett v. World Wide Tech Services, 022820 IAWC, 5060274

Case DateFebruary 28, 2020
CourtIowa
CRAIG GULLETT, Claimant
v.
WORLD WIDE TECH SERVICES, Employer,
and,
ZURICH AMERICAN INSURANCE CO., Insurance Carrier, Defendants.
No. 5060274
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 28, 2020
         Head Note No. 1108           ARBITRATION DECISION           JOSEPH L WALSH DEPUTY WORKERS’ COMPENSATION COMMISSIONER          STATEMENT OF THE CASE          Craig Gullett filed two petitions for arbitration seeking workers’ compensation benefits from the employer, World Wide Tech Services, and Zurich American Insurance Company, the insurance carrier. File No. 5060275 is hereby dismissed without prejudice.          The matter came on for hearing on January 24, 2019, before deputy workers’ compensation commissioner, Joseph L. Walsh, in Des Moines, Iowa. The record in the case consists of Joint Exhibits 1 through 8; Claimant’s Exhibits 1 through 11; and Defense Exhibits A through G; as well the sworn testimony of claimant. The record was held open for a period of time to allow claimant an opportunity to obtain updated lien records from the Veterans Administration. No. additional documents, however, were ever secured or entered into the record of evidence. Melissa Burns was appointed court reporter. The parties argued this case and the matter was fully submitted on March 4, 2019.          ISSUES AND STIPULATIONS          The parties have stipulated that the parties had an employer-employee relationship at the time of the alleged injury. Claimant alleges that he sustained an injury on March 15, 2016, which arose out of and in the course of his employment. The defendants dispute this. The defendants further deny the alleged injury is a cause of any permanent or temporary disability.          The claimant is seeking healing period benefits from March 16, 2016, through May 13, 2018. The defendants deny any responsibility for healing period benefits during this timeframe, however, admit that claimant was off work during this period of time. The claimant is also seeking permanent partial disability benefits. Defendants again deny any responsibility for such benefits. There is a stipulation that if the defendants are found to be responsible for the alleged injury, that any permanent disability is industrial. The parties do not agree upon the appropriate commencement date for any benefits, if awarded.          The parties were able to stipulate to the elements comprising the rate of compensation and agree the appropriate compensation rate would be $755.24.          The claimant is seeking medical expenses under section 85.27 as set forth in Claimant’s Exhibit 10. Claimant is seeking an independent medical evaluation under section 85.39. There is a stipulation regarding a credit for group disability insurance payments under section 85.38.          FINDINGS OF FACT          Craig Gullet was 65 years old at the time of hearing. He testified live and under oath at hearing. Some of his testimony is contradicted or clouded by other evidence in the record, including his own statements. Some of his testimony, particularly in key areas, was quite vague. I do not find him to be a reliable historian regarding his alleged injury or condition.          Mr. Gullett has a high school diploma and an Associate of Applied Science degree. He resides in Mason City, Iowa. He has worked for World Wide Tech Services (hereafter, “WWTS”) for a total of approximately 18 years. He most recently started working as a technician for the predecessor company of WWTS in 2003. He worked without any medical restrictions. The job of technician is well-described in the record. He worked on servers, computers, satellite equipment, hardware and software, in both residential and commercial settings. (Defendants’ Exhibit E, pages 5-6) The position of technician broke down into two separate types of work for Mr. Gullett. He worked on the “Hughes” account which involved working on satellites and satellite equipment. He testified that he replaced various types of light equipment and cable and he had to adjust satellite dishes. This required the use of a ladder occasionally. The other aspect of his job was traditional IT technician work with laptops, desktops, servers and modems in private homes and businesses. This involved a significant amount of diagnosing IT problems and some lifting of light replacement parts up to 20 pounds.          Mr. Gullett testified the job entailed a significant amount of driving. Mr. Gullett testified that driving was the most physically demanding part of his job. (Transcript, pp. 59-60) He also contended this work was the hardest on his back. He generally worked 40 hours per week with occasional overtime. Mr. Gullett’s supervisor, Brian Van Deventer testified credibly that claimant spent roughly half his workday driving. He estimated he drove around 200 miles per day, although some days were more in the 400 to 600 roundtrip mile range. (Tr., p. 17) The van he drove was generally in good condition. It had automatic transmission, cruise control and an adjustable seat. (Tr., p. 60)          Prior to his alleged work injury, Mr. Gullett had serious, well-documented health conditions involving his arms and thoracic area from a work injury at Hormel. He had multiple surgeries to both upper extremities as well as four thoracic surgeries. (Tr., p. 24) In 1991, Dr. Hines assigned a 39 percent whole person impairment rating and recommended a lifting restriction of 30 pounds. (Joint Ex. 1, pp. 2-3) He experienced chronic headaches. (Jt. Ex. 1, p. 6)          Mr. Gullett also testified, vaguely, that he experienced low back symptoms from time to time, which he attributed to the significant driving for WWTS.
Q. When did your low back
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