APRIL HALVERSON, Claimant
v.
DYERSVILLE FOOD BANK, INC., Employer,
and
DONEGAL MUTUAL INS. CO., d/b/a LeMARS INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5048905
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
Head
Note Nos: 2905; 2907; 3303.20; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendants
Dyersville Food Bank, Inc., employer, and its insurer,
Donegal Mutual Ins. Co., d/b/a LeMars Insurance Company,
appeal from a combined review-reopening and partial
commutation decision filed on September 25, 2018. Claimant
April Halverson responds to the appeal. The case was heard on
May 3, 2018, and it was considered fully submitted in front
of the deputy workers' compensation commissioner on July
11, 2018.
The
deputy commissioner found defendants are not entitled to
review-reopening in this matter because the deputy
commissioner found defendants failed to carry their burden of
proof to establish claimant sustained either a physical
change of condition or an economic change of condition
following an arbitration decision filed in this matter on
December 1, 2015, for an injury which occurred on June 1,
2013, which arose out of and in the course of claimant's
employment with defendant-employer. In the arbitration
decision, which was affirmed by the workers' compensation
commissioner, claimant was awarded permanent total
disability, which entitled claimant to receive permanent
total disability benefits, commencing on the June 1, 2013,
date of injury.
In the
combined review-reopening and partial commutation decision
the deputy commissioner found it was unreasonable for
defendants to suspend claimant's weekly permanent total
disability benefits as of January 9, 2017, for claimant's
refusal to accept offered medical treatment for the work
injury, and the deputy commissioner also found it was
unreasonable for defendants to suspend claimant's
permanent total disability benefits as of January 9, 2017,
for claimant's refusal to attend an independent medical
evaluation (IME). The deputy commissioner found it was...
