HELEN GULLY, Claimant
v.
LIGURIA FOODS, INC., Employer,
and,
EMPLOYERS PREFERRED INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5063429
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
Head
Note Nos.: 1803, 1802, 2500, 2700, 4000
APPEAL DECISION
STEPHANIE J. COPLEY DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
Defendants
Liguria Foods, Inc., employer, and Employers Preferred
Insurance Company, insurer, appeal from an arbitration
decision filed on April 5, 2019, and a ruling on motion for
rehearing filed on April 29, 2019. The case was heard on
September 4, 2018, and considered fully submitted in front of
the deputy workers' compensation commissioner on November
16, 2018.
On
January 22, 2020, the Iowa Workers' Compensation
Commissioner delegated authority to the undersigned to enter
a final agency decision in this matter. Therefore, this
appeal decision is entered as final agency action pursuant to
Iowa Code section 17A.15(3) and Iowa Code section 86.24.
In the
arbitration decision, the deputy commissioner determined
claimant sustained permanent disability as a result of
stipulated work-related injury on November 20, 2015. More
specifically, the deputy commissioner found claimant
sustained a 65 percent industrial disability. In doing so,
the deputy commissioner found claimant to be credible
regarding her ongoing complaints of pain in her left shoulder
and lower back and her difficulties with repetitive
activities.
With
respect to claimant's other claims, the deputy
commissioner determined claimant did not refuse suitable work
and was therefore entitled to healing period benefits. The
deputy commissioner additionally found claimant's mental
injury arose out of and in the course of her employment.
Defendants were therefore ordered to pay for medical expenses
relating to claimant's mental injury. Finally, the deputy
commissioner awarded penalty benefits for the underpayment of
healing period and permanent partial disability benefits.
In the
ruling on motion for rehearing, the deputy commissioner
corrected a mathematical error in his penalty benefits
calculation and clarified that penalty benefits were awarded
based upon defendants' failure to pay their acknowledged
underpayment. The deputy commissioner also amended his order
to specify that claimant's ongoing mental health
treatment at Berryhill Center must be authorized by
defendants.
On
appeal, defendants assert claimant is not credible and did
not satisfy her burden to prove her entitlement to permanent
partial disability benefits or medical benefits. Defendants
also argue claimant refused suitable work and therefore was
not entitled to healing period benefits after the date of
refusal. Lastly, defendants assert claimant failed to meet
her burden to prove her entitlement to penalty benefits.
I
performed a de novo review of the evidentiary record before
the presiding deputy workers' compensation commissioner
and the detailed arguments of the parties. Pursuant to Iowa
Code section 86.24 and 17A.15, those portions of the proposed
arbitration decision filed on April 5, 2019 and the ruling on
motion for rehearing filed on April 29, 2019 that relate to
issues properly raised on intra-agency appeal are affirmed in
part without additional comment and in part with additional
findings, conclusions, and analysis, as set forth below.
Credibility
I
affirm the deputy commissioner's finding that claimant
was credible with respect to her continued complaints of pain
in her left shoulder and lower back and her difficulties with
repetitive activities. While I performed a de novo review, I
give considerable deference to the credibility findings of
the deputy commissioner who presided at the arbitration
hearing. I find the deputy commissioner correctly assessed
claimant's credibility. I find nothing in the record in
this matter which would cause me to reverse the deputy
commissioner's finding that claimant was credible
regarding her continued pain complaints and difficulties with
repetitive activity.
Permanent
Injury and Industrial Disability
I
affirm the deputy commissioner's finding that claimant
sustained a permanent injury. More specifically, I affirm the
deputy commissioner's determination that claimant
sustained a 65 percent industrial disability. I affirm the
deputy commissioner's findings, conclusions, and analysis
regarding this issue.
Mental
Injury and Related Medical Treatment
With
the following findings, conclusions, and analysis, I affirm
the deputy commissioner's determination that
claimant's mental injury was work-related.
Claimant
testified she sought mental health treatment on her own after
the November 20, 2015 injury due to stress she attributed to
"hurting" and the resulting inability to return to
work. (Hearing Transcript, p. 58) This testimony is
consistent with her complaints to her providers at Berryville
Center and her independent medical examiners. (See
Joint Exhibit 11, pp. 77, 84-85, 91-92; JE 12, pp. 94, 96; JE
13, p. 109)
After
claimant's initial presentation at Berryhill Center, she
was diagnosed with "moderate episode of recurrent major
depressive disorder" by the evaluating nurse
practitioner. (JE 11, p. 83) She then started counseling with
a licensed mental health counselor who also assessed claimant
with the same diagnosis. (JE 11, p. 90)
In her
independent medical examination (IME) with Todd Hansen, M.D.,
a pain specialist, Dr. Hansen addressed claimant's
"[d]epression which has been exacerbated after her
fall." (JE 12, p. 96) Dr...
