Halverson v. Dyersville Food Bank, Inc., 020721 IAWC, 5048905

Docket Nº5048905
Case DateFebruary 07, 2021
CourtIowa
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...

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