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
...